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(영문) 서울중앙지방법원 2017.10.27 2017고정2185
교육환경보호에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is a person who operates Gangnam-gu, Seoul, and five stories C.

The above businesses operated by the defendant are located in the educational environment protection zone located in approximately 142 meters from the boundary of E elementary schools in Gangnam-gu Seoul Metropolitan Government D.

No person shall be allowed to engage in business activities and facilities that are likely to engage in physical contact or sexual intercourse, or acts of sexual intercourse or similarity within an educational environment protection zone.

Nevertheless, from February 4, 2017 to March 19:00, the Defendant 201: (a) posted the signboard “C” on the outside of the fifth floor of the Gangnam-gu Seoul building; and (b) inside the wall room where locking devices are installed; (c) 9 the locking room, 2 the shower room, 2 the shower room, and the large bath room installed; and (d) employed female employees in exclusive charge of the management of the marina and the skin at each marina room; and (e) has employed female employees in exclusive charge of the management of the marina and the skin; and (e) has collected a charge of KRW 180,000,000 from the time of providing services to unspecified customers, which is less than 60,000 won for each type of business; and (e) has caused female employees taking exclusive charge of marina in each fact to engage in physical contact or other similar sexual contact between the general public with the part of his/her business, such as exposure or fear of exposure to the general public.

2. Determination

A. The contents of the relevant statutes are as follows:

[Act on Educational Environment Protection] Article 9 (Prohibitions, etc. in Educational Environment Protection Zones) shall not conduct any of the following acts and facilities in educational environment protection zones in order to protect the health, sanitation, safety, learning and educational environment of students:

Provided, That in cases of a relative protection zone, subparagraphs 14 through 1.

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