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(영문) 대구지방법원 2018.10.12 2018구합20537
유치원설립인가 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff’s status as the Plaintiff owns the “Ea”, a religious facility, on the land and its ground not less than 4,443 square meters of the D Religious Site in the Gu, Si, Si, Gu, and the foregoing religious facility is planned to install a charnel hall in the above religious facility.

B. On December 27, 201, the Defendant: (a) conducted an assessment of educational environment with respect to C kindergartens, which are scheduled to be established and opened from the Gu and Si F from the Gu and Si on March 1, 2013; and (b) rendered a judgment on “conformity”.

1. Scope of school environmental sanitation and cleanup zones;

(a) An absolute Cleanup Zone: An area within 50 meters in a straight line from the entrance of a school (in cases of a planned site for the establishment of a school, referring to the location of the entrance of the school to be established): Provided, That where the boundary of an entrance is unclear, an area within 50 meters in a straight line from

(b) The relative Cleanup Zone: An area excluding the absolute Cleanup Zone, among such areas as up to 200 meters in a straight line from the boundary of a school or the boundary of a planned school site, excluding the absolute Cleanup Zone;

P. Q and R on March 1, 2013, 205,088 SP T, U T, March 159, 2013

2. Accordingly, on January 13, 2012, the Defendant established and announced a school environmental sanitation and cleanup zone as follows pursuant to Article 5 of the School Health Act and Article 3 of the Enforcement Decree thereof (Article 2012-2-3 of the Office of Education in Gyeonggi-do), and thereby, E was located 52 meters in a straight line from the entrance of a kindergarten and 38 meters in a straight line from the boundary line of 38 meters in a straight line from the entrance of a kindergarten, and thus, E became included in the relative Cleanup Zone in the school environmental sanitation and cleanup zone.

C. On January 16, 2012, Article 8(2) of the Early Childhood Education Act and Article 8(2) of the former Regulations on the Establishment and Operation of Schools (amended by Presidential Decree No. 25963, Jan. 6, 2015; hereinafter referred to as “former Regulations”).

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