BSP Co., Ltd. (Law Firm International et al., Counsel for the defendant-appellant)

The head of the Busan Metropolitan Government Office of Education Education (Attorney Jin-Jin Park, Counsel for defendant-appellant)

July 26, 2019

Busan District Court Decision 2018Guhap24309 Decided April 18, 2019

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. The Defendant’s disposition of approval for the assessment of educational environment against the Plaintiff on July 24, 2018 shall be revoked.

1. Quotation of the first instance judgment

The reasoning of this court concerning this case is as stated in the reasoning of the judgment of the first instance except for the portions filled in by the court as stated in Paragraph (2). Thus, this court cites it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of

2. Parts of scraping;

In the fourth sentence of the first instance judgment, the "Enforcement Decree of the Public Health Control Act" shall be amended to the "Enforcement Decree of the Public Health Control Act".

The following shall be stated in the letter of the first instance judgment from 7th to 13th page below.

(1) We first examine the contents of the relevant laws and regulations. ① The instant provisions separately stipulate hotel businesses under the Tourism Promotion Act as prohibited acts and facilities in educational environment protection zones, other than lodging businesses under the Public Health Control Act, but do not provide for accommodation facilities attached to international conference facilities under the International Conference Industry Promotion Act as to excluded acts and facilities. ② The Public Health Control Act provides for the business of providing services such as accommodation facilities and facilities so that customers can sleep and stay in accommodations under Article 2(1)2 and Article 4 subparag. 1 of the Enforcement Decree of the Public Health Control Act. The Tourism Promotion Act provides for the following matters: (i) the instant provisions stipulate the establishment of accommodation facilities as prohibited by Article 3(1)2 of the Act; (ii) the establishment of accommodation facilities and accommodation facilities under the Act on the Promotion of Public Health Control, which are regulated by the Enforcement Decree of the Public Health Control Act; (iii) the establishment of accommodation facilities and accommodation facilities under Article 10 of the same Act, which are regulated by the Act on the Promotion of Sports Act as prohibited acts under Article 10 of the same Act.

3. Conclusion

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed.

Judge Park Jong-hun (Presiding Judge)