The meaning of "children's playground" provided for in paragraph (2)(b)(5) of the Public Notice of the Criteria and Procedure for Permission for Gas Stations (Public Notice No. 45 of February 2, 1989) to maintain the separation distance of not less than 70 meters.

According to Article 33(2)(b)(5) of the Public Notice on the Criteria and Procedure for Permission for Gas Stations (Public Notice No. 45 of February 2, 1989), “the gas station shall maintain at least 70 meters in straight line from the boundary of multi-family housing or children’s playgrounds (foreign walls or fences) constructed after obtaining approval of the project plan under the provisions of Article 33 of the Housing Construction Promotion Act: Provided, That this shall not apply where consent is obtained from the interested parties.” Thus, it is reasonable to regard “the children’s playgrounds” as “the children’s playgrounds of multi-family housing constructed under the provisions

Article 12 subparag. 2 of the Petroleum Business Act, Article 9 of the former Enforcement Decree of the Petroleum Business Act (amended by Presidential Decree No. 13495 of Nov. 4, 1991), Article 2(b)(5) of the former Enforcement Decree of the Petroleum Business Act (amended by Presidential Decree No. 13495 of Feb. 2, 1989)

Plaintiff 1 et al., Counsel for the plaintiff-appellant-appellee

Seoul Metropolitan Government Head of the Gangnam-gu Seoul Metropolitan Government Office of Law, Attorney Park Ba-soo, Counsel for the defendant-appellant

Seoul High Court Decision 91Gu1782 delivered on February 11, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

1. Details of the instant disposition acknowledged by the court below

On February 4, 191, in order for the plaintiffs to jointly establish and operate a gas station on the land of this case, the plaintiffs filed an application for permission for petroleum retail business with the defendant on February 4, 1991. However, on March 20, 191, the defendant had children's playgrounds at 55 meters in straight line from the land of this case. Since the Seoul Special Metropolitan City was designated as a bus stop facility district under the Urban Planning Act, the establishment of a gas station is prohibited, the plaintiff's application is in a place designated by the Seoul Special Metropolitan City as a bus stop facility district under the Urban Planning Act, the public notice on the permission and procedure for the gas station (Notice No. 45 of February 2, 1989) (Notice No. 45 of Seoul Special Metropolitan City Notice No. 45) of 5 and 6 (Notice No. 2 (b) 5 of Notice No. 5 or 2 (b) 6)

2. As to the violation of paragraph 2(b)(5) of the Notice:

According to Article 9 of the Enforcement Decree of the Petroleum Business Act (amended by Presidential Decree No. 13495 of Nov. 4, 191), which provides for the permission standards for petroleum selling business upon delegation of Article 12(2) of the Petroleum Business Act, the court below held that, according to Article 9(2)(b)5 of the Enforcement Decree of the same Act, the head of Seoul Special Metropolitan City deems it necessary to ensure the safety of local residents, the gas station shall maintain at least 70 meters in a straight line from the boundary of multi-family housing or children’s playgrounds (foreign walls or fences) constructed after obtaining approval of a project plan under Article 33 of the Housing Construction Promotion Act: Provided, That this does not apply where the consent of the interested parties is obtained; Article 12(2)6 of the same Act provides that “No. 5 of the Housing Construction Promotion Act provides that “No. 3 of the Housing Construction Promotion Act shall be installed in an area where multi-family housing is constructed under the Housing Construction Promotion Act or any other Act; Article 9(2) of the Housing Construction Standards Act provides that “No No. 5 of the children’s playground shall be assigned.”

In light of relevant evidence and records, and the provisions of relevant Acts and subordinate statutes, the above recognition judgment of the court below is justified, and the theory of lawsuit is not appropriate to apply to this case because the case is different from this case.

3. As to the violation of paragraph 2(b)(6) of the Notice:

As duly determined by the court below, the Seoul (resident address omitted) land located on the surface of the land in this case is an urban planning facility (road) among the planned areas for housing site development under Articles 11 and 9 of the Housing Site Development Promotion Act for the purpose of bus beer under the function of the facility, but the land category was determined as a replotting disposition for a road since bus beer was not divided into separate facilities on urban planning facilities. At this point, there is no bus stop or bus be no existing bus be installed at this point, and if the existing bus stop is installed at a distance of 50 meters from the land in this case, when comprehensively considering the relevant provisions of the Petroleum Business Act and the Enforcement Decree of the same Act, and the provisions of Articles 6(1), 9, 11, and 4(1) of the Housing Site Development Promotion Act, the land located on the surface of the land in this case is determined as a bus stop which is an urban planning facility, and the land in this case cannot be seen as being in violation of other Acts and subordinate statutes such as the Urban Planning Act.

4. Ultimately, there is no ground to criticize that there is an error of law by misunderstanding the legal principles on the restriction on permission for petroleum selling business. Accordingly, the defendant's appeal is dismissed and the costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating

Justices Yoon Jae-ho (Presiding Justice)