1. On July 30, 2015, the Defendant applied to the Plaintiff for prohibited acts and cancellation of facilities within school environmental sanitation and cleanup zones.

Details of the disposition

On July 27, 2015, the Plaintiff filed an application with the Defendant for the cancellation of prohibited acts and facilities in the school environmental sanitation and cleanup zone for the operation of the billiard site (hereinafter “instant billiard site”) in the 249.7m2 on the ground of Gwangju Mine-gu, Gwangju District (hereinafter “instant building”) located in the relative Cleanup Zone (referring to an area up to 200m in a straight line from the school boundary line) among school environmental sanitation and cleanup zones under Article 5 of the School Health Act.

On July 29, 2015, the Defendant issued a rejection disposition against the Plaintiff on July 30, 2015 (hereinafter “instant disposition”) to prohibit prohibited acts and facilities in school environmental sanitation and cleanup zones by applying the proviso of Article 6(1) of the School Health Act.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, and the purport of the entire pleading as to legitimacy of the disposition of the plaintiff's overall pleading are not shown in the author's question or the latter part of the C Elementary School, and the roads adjacent to the building of this case are not used as the main school, and there is no risk of adverse impact on students' learning due to the fact that the party branch is classified as sports facility business and recognized as sound sports, and the "D party branch" in the neighboring areas of the building of this case is being operated under the disposition of cancellation, and the plaintiff suffered property damage due to the disposition of this case, the disposition of this case is unlawful as a deviation or abuse of discretionary power.

It is as stated in the relevant statutes.

Facts of recognition

In addition to Gap evidence Nos. 2, 3, Eul evidence Nos. 1, 2, and 5 (including each number, if any) and the purpose of this Court’s on-site inspection as a whole, the following facts are recognized:

The building of this case is about 95 meters from the entrance of C Elementary School and about 65 meters from the boundary of the building.