1. The Defendant’s disposition prohibiting prohibited acts and facilities within an educational environment protection zone against the Plaintiff on February 18, 2019.

1. Details of the disposition;

A. From February 2014, the Plaintiff is operating a cartoon lending shop (hereinafter “instant cartoon room”) with the trade name of “C” from the fourth floor of 238.53 square meters among the buildings with the first floor and the sixth floor (hereinafter “instant building”) located in Bupyeong-gu Incheon, Bupyeong-gu.

B. The instant building with the cartoon rooms is located within 117 meters from the boundary line of D Middle Schools (hereinafter “instant middle schools”) and 118 meters from the entrance, and is located within 171 meters from the boundary line of E Elementary Schools (hereinafter “instant elementary schools,” collectively with the instant middle schools, and 248 meters away from the entrance, and is located within the area corresponding to the relative protection zone among the educational environment protection zones of the instant schools.

C. On January 29, 2019, the Plaintiff filed an application with the Defendant for the exclusion of the cartoon rooms of this case from prohibited acts and facilities in educational environment protection zones pursuant to the proviso to Article 9 of the Educational Environment Protection Act (hereinafter “Educational Environment Act”).

(hereinafter “instant application”) D.

On February 18, 2019, after deliberation by the Second Regional Educational Environment Protection Committee in 2019, the Defendant determined that the cartoon book of this case had a bad influence on the study and educational environment of the students of this case, and thus, rendered the disposition stated in Paragraph (1) of the disposition rejecting the instant application.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The fact that there is no dispute, Gap 1, 8, Eul 3, 5, and 17, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The cartoon rooms of this case, in which the Plaintiff’s assertion 1 disposition grounds are nonexistent, are located in a densely-populated area rather than the main school roads of the students of this case. The cartoon rooms of this case had been operated as a resting and cultural space for adults from 30 to 60 people by attaching a notice prohibiting minors from entering the upper end of the entrance.

The digital media has recently been used.