1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff filed an application for the approval of an educational environment assessment report under Article 16(1) of the Act on the Protection of Educational Environment with the Busan Metropolitan Government Office of Education (hereinafter “the Educational Environment Act”) around March 2018, to construct a new building of 22 stories, total floor area of 315,513.5 square meters, guest rooms, 1,461 square meters (hereinafter “instant condominium”) on 18,468.3 square meters (hereinafter “instant project site”) among 6 parcels in Busan Metropolitan City, Busan Metropolitan Transportation Daegu B, and filed an application for a building permit with the Defendant on May 14, 2018.

The project site of this case is located near the location of D elementary schools in Busan Metropolitan City and F kindergartens in Busan Metropolitan City E, and part of D elementary schools based on D elementary schools among the educational environment protection zones under Article 8 (1) of the Educational Environment Act, the remainder is within the relative protection zone, and part of the F kindergarten is the relative protection zone based on the F kindergarten.

On July 2018, the Busan Metropolitan Office of Education notified the Busan Metropolitan Office of Education of the administrative guidelines to the effect that "The recreational condominium business under Article 3 (1) 2 (b) of the Tourism Promotion Act constitutes an act and facility prohibited in educational environment protection zones under Article 9 (27) of the Educational Environment Act (hereinafter referred to as "the Act of this case")," and that the above provision shall apply to a condominium business in the future according to the result of a statutory interpretation of the Ministry of Government Legislation." On July 23, 2018, the Busan Metropolitan Office of Education sent an opinion on the opinion that it is impossible to install resort condominium business facilities in the instant project site located within educational environment protection zones to the Defendant.

On July 26, 2018, the defendant had a result of the consultation with the Shipping Department Office of Education on prohibited acts in the educational environment protection zone for the plaintiff on July 26, 2018, and the new site of new construction falls under the absolute protection zone among the D Elementary School Educational Environment Protection Zone,