1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff is operating “E” (hereinafter “instant main points”) under the operation of Kran bar business after obtaining permission from the 1st floor of the building north-gu, North Korean Port, which belongs to the relative protection zone of B elementary school and C elementary school, among educational environment protection zones under relevant statutes, such as the Educational Environment Protection Act (hereinafter “Educational Environment Act”).

B. On March 7, 2018, the Plaintiff filed an application with the Defendant for the exclusion of prohibited acts and facilities within an educational environment protection zone (hereinafter “instant application”) to run entertainment bar business at the instant main points.

C. On March 14, 2018, following deliberation by the Educational Environment Protection Committee in accordance with the proviso to Article 9 of the Educational Environment Act, the Defendant issued a disposition against the Plaintiff to the effect that “the instant main points are entertainment taverns and are prohibited from 181.79m from the entrance of the nearby elementary school, 164.11m from the boundary line, 285.76m from the entrance of the C elementary school (the name of the notice), and 181.16m from the boundary line, and from the boundary line, the pertinent act and facility are prohibited from being committed” (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the Defendant to the Office of Education of Gyeongbuk-do with the purport that the instant disposition is revoked, but the said administrative appeals commission dismissed the Plaintiff’s claim on June 15, 2018.

E. The laws and regulations relevant to the instant case are listed in the annexed sheet.

[Ground of recognition] The fact that there is no dispute, Gap's Nos. 1 and 2, Eul's Nos. 1 through 4, 11, 12, 14, and 16 (including spot numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case is unlawful as it deviates from discretion by comparing and comparing the Plaintiff’s private interest and the public interest to be achieved by the Educational Environment Act on the following grounds.