교육환경평가 승인반려처분 취소청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the portions filled in as stated in paragraph (2). Thus, the reasoning of the judgment of the court of first instance citing this case is identical to the part of the reasoning of the judgment of the court of first instance.
2. In the second part of the judgment of the court of first instance, the second part of the judgment of the court of first instance changed the "Enforcement Decree of the Public Health Control Act" to the "Enforcement Decree of the Public Health Control Act".
Part VII of the judgment of the court of first instance shall include the following two to eight pages 13:
(1) First of all, we examine the provisions of relevant laws and regulations.
① Although the instant legal provision separately provides for hotel business under the Tourism Promotion Act in addition to accommodation business under the Public Health Control Act as prohibited acts and facilities in educational environment protection zones, it is limited to excluded acts and lodging facilities attached to international conference facilities under the International Conference Industry Promotion Act, and there is no such explicit provision for resort condominium business under the Tourism Promotion Act.
② Article 2(1)2 of the Public Health Control Act and Article 4 subparag. 1 of the Enforcement Decree thereof provide for the business of providing facilities, equipment, etc. to enable customers to sleep and stay, and include cooking facilities. The Tourism Promotion Act classifys tourist accommodation business into general lodging business and daily lodging business depending on whether such business includes cooking facilities. Article 3(1)2 of the same Act provides that a resort condominium business is a business that installs facilities suitable for accommodation and cooking of tourists and provides tourists with such facilities to members of the relevant facilities or tourists, or provides them with such facilities along with facilities suitable for meals, sports, entertainment, etc. incidental to accommodation. As such, resort condominium business under the Tourism Promotion Act falls under a type of daily lodging business among lodging businesses under the Public Health Control Act.
(3) Article 9 of the Public Health Control Act.