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(영문) 부산지방법원 2020.07.24 2020구합20232
금지행위 및 시설제외 거부처분 취소
Text

1. On June 24, 2019, the Defendant applied for the exclusion of prohibited acts and facilities within an educational environment protection zone against the Plaintiff.

Reasons

1. The following facts can be acknowledged in light of the following facts: (a) there is no dispute between the parties; or (b) the purport of the entire pleadings in the statement No. 1.

The commercial building of 147.43 square meters on the underground floor of the building B in Busan-gu, Busan-gu (hereinafter referred to as the “instant commercial building”) is a relative protection zone among the educational environment protection zones under the Act on the Protection of Educational Environment (hereinafter referred to as the “Educational Environment Act”), located at a distance of 208 meters from the entrance and exit of the C High School (hereinafter referred to as the “instant school”).

B. On June 10, 2019, the Plaintiff filed an application with the Defendant for the exclusion of juvenile game providing business facilities that the Plaintiff intended in the instant commercial building from prohibited acts and facilities within the educational environment protection zone (hereinafter “instant application”).

C. On June 24, 2019, after deliberation by the Educational Environment Protection Committee of Busan Metropolitan City, the Defendant notified the Plaintiff of his refusal of the Plaintiff’s application on the following grounds: “The instant commercial building continues to prohibit game providing business in the vicinity of the instant commercial building; the commercial building is located at a place easily exposed to the lower school level, such as the students of the neighboring school; there is no case of cancelling the juvenile game providing business; and if the permission is granted, there is no possibility that the application for cancellation of the same type of business may increase and the need to protect the educational environment is needed” (hereinafter the instant disposition).

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff’s Internet computer game facilities (so-called PC bank) in the vicinity of the instant commercial building is subject to the application for exclusion from prohibited acts several times, and the distance between the instant commercial building and the school is close to 200 meters, and it is difficult to see that the juvenile game business has an adverse impact on the educational environment of students.

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