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(영문) 서울행정법원 2015.06.25 2014구합74664
옥외광고물등 심의신청반려처분취소
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 October 31, 2014, the Plaintiff filed an application for preliminary deliberation with the Defendant to newly install outdoor advertisements for commercial advertising purposes (type: FUL COL COL ELD electronic display, size: 11.5m x 12m x hereinafter “instant outdoor advertisements”).

B. On November 18, 2014, the Defendant rejected the Plaintiff’s application on the ground that the place where the Plaintiff intends to install outdoor advertisements falls under a specific zone designated by the Seoul Metropolitan Government Public Notice of Restriction on Display of Outdoor Advertisements, etc. (No. 2013-81 of the Seoul Special Metropolitan City Public Notice; hereinafter “instant public notice”). The Defendant’s horizontal distance with the outdoor advertisements already installed in Yongsan-gu Seoul Special Metropolitan City located in a specific zone located in the neighboring Yongsan-gu Seoul Special Metropolitan City (hereinafter “existing outdoor advertisements”) is less than 200 meters, and thus, it violates the provisions on restriction on display of the said public notice.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, Eul’s evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the provision on the distance restriction of the instant notice applies only to an individual specific area. According to the instant notice, the instant outdoor advertisements belong to a specific area separate from the existing outdoor advertisements, and thus, the provision on distance restriction does not apply.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1) Outdoor Advertisements, etc. Control Act (hereinafter “Act”)

Article 3(1)1 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree”)

Article 4 (1) 12 of the Act provides that a person who intends to display or install electric signs in an urban area shall obtain permission from the Special Self-Governing Province Governor or the head of autonomous Gu, and Article 4 (1) and (2) of the Act and Article 25 of the Enforcement Decree thereof.

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