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(영문) 대구지방법원 2018.02.08 2017구합23225
학교환경위생정화구역 설정고시 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) A school environmental sanitation and cleanup zone establishment and public announcement 1) Defendant shall be the same as the former School Health Act (Amended by Act No. 13926, Feb. 3, 2016; hereinafter the same shall apply) by means of public announcement B of the Office of Education in Gyeonggi-do and the Seoul District.

Article 5 and Enforcement Decree of the same Act (amended by Act No. 25255, Mar. 18, 2014; hereinafter the same shall apply)

(1) Pursuant to Article 3, a school environmental sanitation and cleanup zone is established and publicly announced as follows (hereinafter referred to as “public notice of this case”).

1. Scope of establishment of school environmental sanitation and cleanup zone

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

(b) The relative Cleanup Zone: An area excluding the absolute Cleanup Zone among the areas which are up to 200 meters in a straight line from the boundary line of a school or the boundary line of a planned school site, excluding the absolute Cleanup Zone; D kindergarten area scheduled for opening the school name in the Gu/U.S. kindergarten E, F. 172,964 provisional name on March 1, 2013) G kindergarten in the Gu/U.S. kindergarten, H, I, J, K, L, and C, 110 provisional name;

M. N,O on March 1, 2013. 205,088 Provisional P kindergarten Gosisi Q, R on March 1, 159,473

2. On the other hand, on December 27, 201, the Superintendent of the Provincial Office of Education of the Gyeonggi-do Office of Education (hereinafter referred to as “instant kindergarten”) on the ground C kindergarten (hereinafter referred to as “instant kindergarten”).

(B) On January 1, 2013, the Plaintiff made an assessment of educational environment regarding the establishment of a religious facility, and subsequently approved the establishment plan of the instant kindergarten on April 3, 2012, and approved the establishment of the instant kindergarten on November 29, 2012. (B) around January 2013, the Plaintiff made a report on the establishment of the instant kindergarten on the establishment of the instant kindergarten. Around January 2013, the Plaintiff made a report on the establishment of the 54 m2.56 m2 in a wing-gu in a 72.56m2 m2 in a wing-gu in the Gu-U.S. Si Si, Gu-U. Si, on the 72.56m2 in a wing-gu in a religious facility (hereinafter “instant wing-gu”). On February 1, 2013, the Gu-U.

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