1. On June 19, 2015, the Defendant applied to the Plaintiff for a prohibited act and cancellation of facilities within the school environmental sanitation and cleanup zone.

Details of the disposition

On January 4, 2005, the Minister of Construction and Transportation determined and publicly announced an urban management plan for district unit planning that designates B 14,017 square meter as school site (hereinafter “instant school site”) and then approved and publicly announced a national rental housing construction project plan for neighboring C-Japanese apartment.

On May 22, 2015, the Defendant: (a) set up and publicly announced school environmental sanitation and cleanup zone in which the remainder of the absolute Cleanup Zone, excluding the said absolute Cleanup Zone, among the areas within 200 meters in a straight line from the boundary of a planned school site of this case, is the absolute Cleanup Zone; and (b) the school environmental sanitation and cleanup zone was set up

(hereinafter “instant notice”). The Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zones on June 18, 2015, to operate Internet computer game facility provision business on the first floor of the building located in Asan City E (hereinafter “the instant application site”) which was partially incorporated into the absolute Cleanup Zone according to the instant notice.

On June 19, 2015, the Defendant rejected the Plaintiff’s application on the ground that “The instant application falls under the absolute cleanup zone of the Housing Middle School, and the applied type of business is an absolute prohibition facility.”

(2) The Plaintiff’s refusal disposition of this case should be revoked on the following grounds. (3) The Plaintiff’s refusal disposition of this case should be revoked on the ground that there is no dispute between the Plaintiff and the Plaintiff, Gap’s 1, 3, 4, and 7, Eul’s 1, and Eul’s 1, and the purport of the whole pleadings of this case is legitimate.

According to Article 5 (1) of the School Health Act and Article 3 (1) of the Enforcement Decree of the same Act, in the case of a planned school establishment site, an area up to 50 meters in a straight line from the planned location of the entrance shall be set up as an absolute cleanup zone, but the defendant is full of the area from the boundary line of the planned school establishment site to 50 meters in a straight line.