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(영문) 의정부지방법원 2016.01.12 2015구합8485
금지행위및시설해제신청거부처분취소
Text

1. On February 7, 2015, the Defendant’s cancellation of prohibited acts and facilities in school environmental sanitation and cleanup zones against the Plaintiff.

Reasons

1. Details of the disposition;

A. From around 2009, the Plaintiff has been promoting a project to develop multi-functional complex by constructing parks, squaress, schools, etc. along with main complex facilities, officetels, hotels, medical facilities, broadcasting and communications facilities, etc. (hereinafter “instant project”).

B. On November 19, 2014, the Plaintiff donated the instant school site to the Korea School Foundation, pursuant to Article 3(1) of the Act on Special Cases Concerning the Purchase, etc. of School Sites, in order to establish and operate a school (hereinafter referred to as the “instant school”) on the 1237-5 Masan-dong, Yongsan-gu, Seoyang-gu, Busan-gu, Busan-do, which is located in the instant project site.

C. On August 9, 2010, the Defendant established and publicly announced school environmental sanitation and cleanup zones based on the boundary line of the instant school site under Article 2010-101 of the Notice of the Goyang District Office of Education of Gyeonggi-do.

On January 22, 2015, the Plaintiff filed an application with the Defendant for the cancellation of prohibited acts and facilities in the school environmental sanitation and cleanup zone (hereinafter referred to as “instant application”) pursuant to the proviso of Article 6(1) of the School Health Act to construct a hotel with a size of 1237-3 large 7,237.06 square meters (hereinafter referred to as “instant hotel”) on the land within the instant business site, which falls under the school environmental sanitation and cleanup zone established and publicly announced by the Defendant.

E. On February 7, 2015, after deliberation by the School Environmental Sanitation and Cleanup Committee of the Office of Education, the Defendant issued a rejection disposition against the Plaintiff’s application for cancellation (hereinafter “instant disposition”), and the main reasons for the rejection disposition stated in the written disposition are as follows.

- It is anticipated that traffic congestion will be caused as it is located in a white site and a high-sea terminal, and in particular, it will hinder students' traffic safety because there are many vehicles commuting to and from work.

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