인터넷컴퓨터게임시설제공업금지처분취소신청의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On January 1, 2007, the details and details of the disposition taken by C and the Plaintiff has been running from that time after acquiring BPCs (Internet Computer Game Facilities; hereinafter “instant PCs”) located on the third floor of the ground building D in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.
The PC bank of this case is located at a place less than 107 meters away from E elementary school.
On January 12, 2016, the Plaintiff submitted to the Defendant a questionnaire with the following contents:
F operated the instant PC on February 27, 1998, and the Plaintiff succeeded to the aforementioned business on January 1, 2007, the Plaintiff maintained the validity of the Plaintiff as a master-owner. The instant PC is located at a distance of 215 meters from the boundary line of the E Elementary School, students cannot easily access it, and there is no possibility of hindering students’ education and learning environment.
In addition, the PCs of this case are located at the new village divers, and around the area, drinking, singing, etc. are recorded, and according to other cases, there are many cases where the PCs of this case are released by discretionary authority.
In addition, the PC bank of this case is a business establishment established prior to the enforcement decree of the School Health Act, and it is expected to be dismissed by discretionary authority in consideration of these circumstances.
On January 19, 2016, the Defendant sent the following replies to the Plaintiff:
(hereinafter referred to as the “instant reply.” The instant PC is located in the school environmental sanitation and cleanup zone of E elementary school under the School Health Act, and it is an unauthorized establishment that violates Article 6 of the School Health Act, and the Defendant has already filed several complaints with the Seodaemun Police Station on the violation of the School Health Act.
In addition, the Defendant School Environmental Sanitation and Cleanup Committee has deliberated on the impact of the instant PC on learning and school health sanitation over the past four times, and it is a business establishment that has been disposed of “prohibited”, and it shall be transferred or closed at a rapid time when it becomes possible to establish and operate a business providing Internet computer game facilities in that place.