1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. Pursuant to the former Act on the Protection of Educational Environment (amended by Act No. 15230, Dec. 19, 2017; hereinafter “former Educational Environment Act”), the Plaintiff filed an application with the Defendant for exclusion of prohibited acts and facilities within an educational environment protection zone against the Defendant on July 28, 2017, to operate a singing practice room in the fourth floor of the instant building and the fourth floor of the instant building (hereinafter “instant building”).

(hereinafter “instant application”). (b)

On August 10, 2017, after deliberation by the Educational Environment Protection Committee, the Defendant notified the Plaintiff of the refusal of the instant application.

(hereinafter “instant disposition”). C.

On August 21, 2017, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the administrative appeals commission of Chungcheongbuk-do Office of Education, but the said administrative appeals commission dismissed the Plaintiff’s claim on September 25, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion - The Plaintiff’s assertion - King practice room operated on the fourth floor of the instant building is not a place where leisure time can be utilized, and its nature begins from 7 p.m. to 7 p.m., a day after the summer.

In addition, the building of this case and the building of this case, the fourth line road and delivery exist, and trees are planted above, and thus, it cannot be viewed as the signboards of singing practice room in the above elementary school. Since only the students of extreme number of water in the lower intersection time use the road in front of the building of this case, and most of other students do not use the road in front of the building of this case, such as the use of vehicles, etc., and therefore, the front of the building of this case cannot be viewed as the main school.

As such, the building of this case is used.