1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 5, 2015, the Plaintiff filed an application for prohibited acts and cancellation of facilities in the school environmental sanitation and cleanup zone with the Defendant on October 5, 2015 for the purpose of running a billiard room business on approximately 500 square meters above the ground among the four-story buildings located in the counterpart cleanup zone in the school environmental sanitation and cleanup zone of the B High School and C High School (hereinafter “instant building”).

On October 22, 2015, after deliberation by the School Environmental Sanitation and Cleanup Committee under Article 6 (1) of the School Health Act, the defendant made a disposition against the plaintiff not to accept the plaintiff's application for prohibited acts and cancellation of facilities (hereinafter referred to as "disposition of this case").

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, and the purport of the entire argument, the plaintiff's assertion of legitimacy of the disposition of this case was adopted as an international competition and the relevant department was newly established at the university and college, and the entrance of juveniles is allowed at the party branch and the high school is recommended as a sports for all, such as creating a party branch at the high school.

It is also true that Busan Metropolitan Office of Education or Gyeonggi-do, which is the defendant's superior agency, has recommended the government ministries to exclude the head of the Gu from the prohibited facilities.

It cannot be deemed that there is a possibility that harmful business places may be expanded due to the appointment of a party room in the instant building, and students may not engage in unsound acts in the party-gu managed by adults.

Since the instant building is not on the principal school route of students, there is no big problem with the guidance of students. On the part adjacent to the instant building, the instant disposition is inconsistent with the principle of equity, as the party headquarters of the trade name “E” had already been permitted.

In full view of these circumstances, the instant disposition was an abuse of discretion and is illegal.

It is as stated in the relevant statutes.

Judgment

The provisions of the proviso of Article 6 (1) of the School Health Act.