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(영문) 의정부지방법원 2015.04.28 2014구합1524
학교환경위생정화구역내 금지행위 및 시설금지처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 20, 2014, the Plaintiff filed an application with the Defendant for deliberation on prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zone (hereinafter “instant application”) pursuant to the proviso to Article 6(1) of the School Health Act in order to conduct Internet computer game facilities provided for in Article 6(1)16 of the School Health Act on the second floor, 204, among the buildings of the second floor and fourth floor (hereinafter “instant building”) located in Gyeyang-gu, Seoyang-gu, Seoyang-gu and the second floor (hereinafter “instant building”).

B. On March 6, 2014, the School Environmental Sanitation and Cleanup Committee held a meeting on the agenda of the instant application and deliberated on the instant case, and rejected the instant application by a disposition prohibiting all members present.

C. Accordingly, on March 7, 2014, the Defendant notified the Plaintiff of the refusal to file an application for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zone (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, 9, 11, 12 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. According to Article 5(1) of the School Health Act, the school environmental sanitation and cleanup zone may not exceed 200 meters from the boundary line of the school. Since the entrance of the building of this case is located at a point of 210 meters in a straight line from C elementary school entrance and at a point of 209 meters in a straight line from Cmiddle school entrance, the building of this case may not be included in the school environmental sanitation and cleanup zone.

Therefore, the defendant's disposition of this case is unlawful on the premise that the building of this case is located in school environmental sanitation and cleanup zone.

B. The instant building is located in school environmental sanitation and cleanup zone.

Even if the building of this case and C Middle School and C Elementary School are not less than 300 meters in actual mobility distance, the location of the building of this case is not used for each student's commuting routes, ② the building of this case was operated after obtaining permission for the business of providing Internet computer game facilities from the building of this case around 199, and ③ the building of this case.

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