1. On January 23, 2017, the Defendant rendered a rejection disposition against the Plaintiff regarding prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zones.

1. Details of the disposition;

A. From December 15, 2016, the Plaintiff is operating a danran bar with a trade name “Cran bar” in the building located in Hongcheon-gun B (hereinafter “instant building”).

B. The instant building is located in the relative Cleanup Zone among school environmental sanitation and cleanup zones prescribed by Article 5(1) of the former School Health Act (Amended by Act No. 13946, Feb. 3, 2016; hereinafter “former School Health Act”) and Article 3(1) of the former Enforcement Decree of the School Health Act (Amended by Presidential Decree No. 27831, Feb. 5, 2017).

C. On January 6, 2017, the Plaintiff filed an application with the Defendant for a prohibited act and cancellation of facilities within the school environmental sanitation and cleanup zone to operate an entertainment tavern business on the instant building, but the Defendant notified the Defendant on January 23, 2017 that he/she would refuse the said application.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] . [In the absence of dispute, entry in Gap evidence Nos. 5, 6, and Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion D kindergarten does not seem to have a signboard, phrase, advertisement, or business activity of the instant building; a road adjoining to the instant building is not the principal school route of D Kindergartens; and a considerable number of entertainment taverns are operated around the instant building, etc., the instant disposition is unlawful by abusing and abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 21 subparag. 8 (c) and (d) of the Enforcement Decree of the Food Sanitation Act, an entertainment bar business is “business where customers are allowed to singing and selling alcoholic beverages on a weekly basis,” and an entertainment bar business is “business where customers are allowed to sing and sell alcoholic beverages, and entertainment bar business is “business where workers engaged in entertainment or entertainment facilities are allowed, and customers are allowed to sing or dance.”

The Gu School Health Act.