(영문) 서울행정법원 2015.8.12.선고 2015구합4198 판결

On December 23, 2014, the Defendant’s disposition prohibiting the Plaintiff from filing an application for review of school environmental sanitation and cleanup zones and the cancellation of facilities (disposition rejecting the cancellation).

Reasons

1. Details of the disposition;

A. Posium Co., Ltd. (hereinafter referred to as "Posium") is a company that carries out the new construction of three buildings, including the fourth underground floor and the second floor of the ground (hereinafter referred to as "the building of this case") in the land in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, 47-13, 17, and 37. The plaintiff is a representative director of Posium.

B. The building of this case is located within the relative Cleanup Zone among school environmental sanitation and cleanup zones pursuant to Article 5(1) of the School Health Act and Article 3(1) of the Enforcement Decree of the School Construction Act. The building of this case is located within the relative Cleanup Zone, among the school environmental sanitation and cleanup zones pursuant to Article 6(1)13 of the School Health Act, in a straight line from the entrance of the new middle school of this case, 57m in a straight line from the school boundary of the school, and 20m in a straight line from the school boundary of the school. In exceptional, if it is recognized that the superintendent of education or the person delegated by the superintendent of education does not have an adverse effect on learning and school health and sanitation, a hotel may be established within the relative Cleanup Zone and run hotel business.

C. The defendant is an administrative agency entrusted by the superintendent of education with the authority of the competent office of education to revoke the prohibition of facilities and acts prohibited pursuant to each subparagraph of Article 6(1) of the School Health Act within the relative Cleanup Zone surrounding the new middle school.

D. On January 15, 2014, in order to operate a tourist hotel (non-resident hotel) in the building of this case located in the relative Cleanup Zone, she filed an application with the Defendant for the cancellation of the prohibition of the hotel facilities and hotel business of this case in accordance with the proviso to Article 6(1) of the School Health Act.

However, the Defendant rejected the request for cancellation on January 24, 2014 after deliberation by the Cleanup Committee.

E. After that, on February 6, 2014, the Plaintiff filed an application with the Defendant for the cancellation of the prohibition of hotel facilities and hotel business on the instant building to operate a hotel (medical tourism hotel business) with the trade name called 'Dongdong Medicar hotel' in the instant building. On February 17, 2014, the Defendant notified the Defendant on the cancellation of the prohibition of the prohibition of hotel facilities and hotel business on the instant building after deliberation by the Cleanup Committee (hereinafter referred to as the "prior cancellation of the prior cancellation").

F. Meanwhile, on July 24, 2014, he/she applied for approval of a business plan pursuant to Article 15 of the Tourism Promotion Act, etc. with respect to “tourist lodging business” (see Article 3(1)2 of the Tourism Promotion Act) in the instant building to the head of Gangdong-gu Seoul Metropolitan Government on July 24, 2014. However, a staff member of Gangdong-gu Office voluntarily withdrawn an application for approval of the said business plan on the instant building located in the relative Cleanup Zone by the Defendant’s “medical tourism hotel business” [Article 2(1)2 (g) of the Enforcement Decree of the Tourism Promotion Act (amended by Presidential Decree No. 26150, Mar. 17, 2015; hereinafter the same). Thus, in the instant building, he/she only rescinded the prohibition of installation and business of other hotels, which is not a medical tourism hotel, on the ground that he/she is not entitled to operate a medical tourism hotel.

G. After that, on July 31, 2014, the Plaintiff again filed an application with the Defendant for the prohibition of operating a tourist accommodation facility and the cancellation of the facility in the name of "Gangdong Dic hotel" in the instant building. On August 11, 2014 after deliberation by the Cleanup Committee, the Defendant filed an application with the Plaintiff for the cancellation of the instant disposition with the trade name of "Gangdong Dic hotel" in the instant building located in the relative Cleanup Zone (see Article 2 (1) 2 (a) of the Enforcement Decree of the Tourism Promotion Act; hereinafter referred to as "the instant hotel") for the revocation of the instant disposition. The Plaintiff filed an application with the Seoul Administrative Court for the revocation of the instant prior disposition, but the Plaintiff rejected the instant application with the Plaintiff’s intentional rejection of the first disposition (hereinafter referred to as "the instant prior refusal disposition").

H. On the other hand, on August 28, 2014, the Ministry of Education enacted a new regulation for deliberation of the Cleanup Committee for Hotels with no facilities and acts under Article 6(1)12, 14 through 16, and 18 through 20 of the School Health Act among tourist hotels with at least 100 rooms by enacting the Ministry of Education’s Directive No. 113 (hereinafter “Deliberation Regulations”).

I. On December 1, 2014, the Plaintiff filed a motion with the Defendant for the cancellation of the prohibition of the business of tourist hotel in the instant building for the same purpose (hereinafter referred to as the “application of this case”), on the grounds that the instant hotel is subject to the instant deliberation provision, and thus, the Plaintiff filed a motion for the cancellation of the prohibition of the business of tourist hotel in the instant building (hereinafter referred to as “instant motion”), but on December 23, 2014, the Defendant issued a disposition of refusal (hereinafter referred to as “instant refusal disposition”) to the same effect as the instant prior refusal disposition after deliberation by the Cleanup Committee under the instant deliberation provision.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 4, 10, 11, 14, and 23 (including Serials) and the purport of the whole pleadings

2. Whether the rejection disposition of this case is legitimate

A. The plaintiff's assertion

As the deliberation rules of this case were enacted and implemented, the defendant and the Cleanup Committee shall decide whether to prohibit acts and cancel the snow in the Cleanup Zone by fully considering the matters prescribed in each subparagraph of Article 4(1) of the deliberation rules of this case. The defendant, without sufficiently considering these circumstances, found that if a tourist hotel is installed in the building of this case, it would adversely affect the study of students of the new middle school and school health sanitation. In particular, in the case of a new hotel on the building of this case, it would adversely affect the study of students of the new middle school

Pursuant to the deliberation rules, the acts and facilities under the provisions of Article 6 (1) 12, 14 through 16, and 18 through 20 of the School Health Act are not carried out. Therefore, this private hotel has little adverse effects on students of the new middle school.

Nevertheless, the defendant rejected the application to revoke the prohibition of hotel business in the building of this case, which is unlawful as it causes excessive infringement of the plaintiff's interest compared to the purpose to achieve.

(b) Relevant statutes;

Attached 1. The entry is as shown in Attached 1.

C. Facts of recognition

1) From the first floor to the fifth floor above the ground among the instant building, medical facilities are planned to be located on the ground, and the 6th floor above the ground to the 21st floor above the ground. The 20th floor above the ground and 21st floor are scheduled to be used as performance halls and music practice rooms open for the general public outside the hotel accommodation. In addition, the 1st underground floor is a plan for the occupancy of general stores, such as a place of financial business, as a neighboring living facility. However, since an elevator for only 20, and 21st floor is not installed separately, the users of hotel accommodation and performance halls, etc. should use the same elevator.

2) Spoling on the side of the instant building is to install CCTVs at the entrance, and to install bicycle roads and pedestrian roads in the vicinity of the new middle school. This is to be planned at the Gangdong-gu Office in accordance with the traffic impact analysis and improvement plan at the time of the building permit, and a road to be donated to Gangdong-gu in front of the new middle school.

3) One floor of the instant building is abutting on the mouth, and there is a new middle school in the opposite direction. The 1st floor of the instant building is on the right side when considering the instant building according to thecheon, among the pages abutting on the ceiling, and the 1st floor entrance of the underground floor adjoining to the ceiling, is connected with the exit of the river station in which the subway 5 lines stops at the left side when considering the instant building in accordance with thecheon, among the pages abutting on the ceiling, and is connected with the exit of the river station in which the subway 5 lines stops. And even if the 1st floor of the instant building enters the underground floor of the instant building through the subway 5 subway stations, it is possible to immediately move to the said road to the above pedestrian who is built next to the East Middle School located in the opposite direction as the opposite direction through the building of this case.

4 ) 동신중학교에서 이 사건 건물이 건축되는 대지 쪽으로는 39세대의 ' 진넥스빌 주상복합아파트 ' 밖에 없었으나 , 강동신동아파밀리에아파트 ( 230세대 ) 및 강동래미안팰리 스아파트 ( 999세대 ) 의 건축이 완료되어 이른 시일 내에 입주가 예정되어 있다 . 그렇게 되 면 , 이 사건 건물은 천호대로와 접한 면을 제외하고는 , 위 진넥스빌아파트 , 강동신동아파 밀리에아파트 , 동신중학교 및 현대코아주상복합아파트 ( 185세대 ) 로 둘러싸인 구조가 된다 ( 동신중학교 , 이 사건 건물 및 위 각 아파트들의 구조는 별지 2 . 도면과 같다 ) .

5) As such, in the vicinity where the instant building is constructed, there were not many housing complexes up to the date of closing the argument of the instant case, and most students attending the same new middle school due to the relationship that was a construction site did not attend the direction of the instant building.

16) The building of this case can be seen as the building, playground, rooftop number, etc. of the new middle school, and the building of this case seems to be written in the emotional question of the same school with prudentness. The building of this case can also be seen through the window of the building with classrooms of the new middle school. However, from the side of the new middle school of this case, it is difficult to confirm the inside form of the windows of the building of this case as the land in favor of the building of this case.

7) The principal of the Dong New Middle School and the Dong New Middle School have expressed their opinions that the instant case does not interfere with learning and school health and sanitation even with the hotel of this case. On September 2014, 2014, 448 students attending the Dong New Middle School and their parents agree to operate the instant youth. However, in relation to the above written consent, there has been no civil petition received at the Office of Education of Seoul Metropolitan City, which forces students and parents to give conditional consent without any conditions without any detailed explanation on the establishment of the hotel of this case, and the defendant, as a result of an investigation conducted by public officials belonging to the Gangseo-gu Seoul Metropolitan Government Office of Education, issued a disposition of attention to the principal of the Dong New Middle School by deeming that the above written consent was drafted in a subjective and unfair manner.

8) On September 5, 2014, the booming side of the hotel of this case entered into an agreement with the head of the Dong (which was embodied into the sports ground man-pact and audio-visual room through the self-agreement on September 12, 2014) to provide the education to the new middle school, and as a result, the new middle school entered into a school support agreement with the head of the Dong with the aim of supporting necessary matters for the establishment of the hotel of this case. The above agreement states that “if all the facilities of the hotel of this case are unable to install harmful facilities for the hotel of this case, the hotel of this case shall immediately close the relevant facilities because it is deemed harmful to the new middle school on the part of the new middle school on the part of the specific facility, the hotel of this case shall take measures to protect the educational environment of students and ensure safety as school attendance in the operation of the hotel of this case, and actively reflect the provisions requesting the safety measures in a specific middle school on the part of the new middle school.

9) Meanwhile, around March 2014, he/she entered into a reverse contract for hotel consulting services on the method to utilize the instant building as a hotel between Comcom Company and Comcom Company. On March 29, 2014, he/she entered into a design contract for requesting the alteration of the design of the instant building with the Ors of the Construction Office Co., Ltd.

10) The head of Gangdong-gu, on May 20, 2014, issued a building permit to change the above design. However, at the time of the initial building permit granted by the head of Gangdong-gu, the use of the instant building was business facilities, neighborhood living facilities, sales facilities, culture and assembly facilities, and the use of the building was not changed even when the design change was permitted as above, and there was no project approval to the effect that the instant building will run hotel business on the instant building.

11) As commercial sex acts have been committed, the crackdown on commercial sex acts places is serious, and recently, there have been growing cases where commercial sex acts have been conducted by lending the room of the tourist hotel, and in fact, there have been many hotels, such as Seoul, and in fact, there have been detection that many hotels, such as Seoul, have been used as a place of commercial sex acts.

[Grounds for recognition] Gap evidence Nos. 5, 6, 7, and 13, evidence Nos. 17-1, 2, Gap evidence Nos. 20, 24, evidence Nos. 27-1, Gap evidence No. 31-1, Eul evidence Nos. 12, and 14, the result of the examination by this court, the purport of the whole pleadings.

(d)boards;

1) Under the proviso of Article 6 (1) of the School Health Act, a person designated by the Superintendent of an Office of Education or the Superintendent of an Office of Education determines whether a person applies for the cancellation of prohibited acts and facilities in school environmental sanitation and cleanup zones, whether such prohibited acts and facilities may not adversely affect learning and school health, and the revocation or prohibition of such prohibited acts and facilities are belonging to the discretionary acts of the City/Do Educational Members Association or the Superintendent of an Office of Education or a person designated by the Superintendent of an Office of Education. In order to make such acts and facilities illegal by abusing and abusing discretion, the acts and facilities are limited to the types and scale of the facilities, the distance and location of the school, the types and number of students, the environment surrounding the school, and the surrounding acts and facilities together with other acts and facilities in the school, and the circumstances of interest, including the infringement of property rights, which the other party may suffer due to the prohibition of such acts and facilities, and the determination of such acts and facilities should be made carefully and carefully (see, e.g., Supreme Court Decision 200Nu36135, Oct. 29, 296196

2) Meanwhile, in order to cancel prohibited facilities and acts, it shall undergo deliberation by the Cleanup Committee under Article 6(1) of the School Health Act. The Cleanup Committee is an organization that consists of not less than a half of the total number of members of the committee, from among employees working for educational-related institutions of each local government, relevant public officials, parents, or experts related to the community (see Article 7(5)).

As can be seen, the purport of an administrative disposition regarding prohibited acts and cancellation of facilities requires deliberation by the purification committee. The purport of the administrative disposition is to derive democratic intentions consistent with the public interest and to ensure fairness and transparency in administrative disposition by reflecting the opinions of experts or interested persons and the opinions of residents in the administrative agency on the opinion and the decision-making of the administrative agency (Supreme Court Decision 2006Du15806 Decided March 15, 2007). In particular, whether the facilities prohibited under each subparagraph of Article 6(1) of the School Health Act may affect students by island in the relative Cleanup Zone cannot be measurable, and it is very difficult to indirectly conjecte the character of the students with which several years have passed. Furthermore, if the facilities and actions prohibited under each subparagraph of Article 6(1) of the School Health Act are clearly prohibited and adversely affect students by seriously removing the facilities and actions within the boundary of the relevant administrative agency, then it is necessary to determine whether the facilities and actions have an adverse effect on students’ new and independent nature of the relevant educational community.

3) In light of the following circumstances revealed through the above legal principles and the facts acknowledged earlier, it is difficult to deem that the instant refusal disposition was in violation of the law of deviation from and abuse of discretion.

A) The instant building on the ground of the hotel seems to have been 47 meters away from the Dong New Middle School in a straight line, and the building of this case seems to have been confirmed in the emotional and classrooms of the Dong New Middle School. The Plaintiff alleged to the effect that there is no problem since the Plaintiff did not act inside the instant building, but the Plaintiff’s hotel hotel’s opening of windows or using instruments such as the passage of the network can sufficiently see the internal appearance of the students attending the Dong New Middle School if the hotel hotel opens the window or the students use the instruments such as the passage of the network. This may adversely affect the formation of a sound gender values of the students during the course of coming from sunrise.

나 ) 원고는 이 사건 건물 주변으로 통학생이 많지 않으므로 이 사건 건물에 호텔이 들어서도 학습에 부정적인 영향을 주지 않을 것이라고 주장한다 . 그러나 현재 이 사건 건물 주변에 통학생이 많지 않은 것은 이 사건 건물 주변에 입주가 예정된 강동신 동아파밀리에아파트 ( 230세대 ) 및 강동래미안팰리스아파트 ( 999세대 ) 의 입주가 이루어지 기 전이고 , 해당 부근이 공사현장이었기 때문으로 여겨진다 . 이 사건 건물에 호텔 영업이 개시될 무렵에는 위 대단지 아파트들에 대한 입주가 이루어질 것이고 , 이 사건 건물의 지 하 1층 출입구가 지하철로 직접 연결되어 지하철 이용객들이 이 사건 건물을 통해 동신 중학교 방향으로 나갈 수 있게 될 것이므로 이 사건 건물에 학생들의 왕래가 더욱 빈번 해질 것을 예상할 수 있다 .

C) In particular, on the first floor of the instant building, a variety of commercial facilities are planned to be located, so the students of the new middle school are highly able to use the said commercial facilities after their entrance. In the process, the students of the new middle school may be exposed to the psychological impact of the instant hotel in which their commercial facilities are located as harmful to the extent that they are located.

D) The Plaintiff appears to be operating mainly for medical tourists. However, this is merely merely a unilateral forecast of the Plaintiff, and there is no device to prevent domestic guests using the instant hotel for the purpose other than for the purpose of administering it in the medical tourism. In particular, in light of the fact that sexual traffic has been voiced and sexual traffic has been committed in the same hotel, it is deemed that the policy needs to be more likely to prohibit such tourist hotel from running in the relative Cleanup Zone.

E) Furthermore, if the operation of a tourist hotel in the instant building is permitted, there is a risk of installation of facilities that could affect juveniles, such as entertainment facilities, on the instant building. In other words, “medical tourism hotel permitted in the preceding cancellation” is not prohibited from the installation of the above facilities as a source (see attached Table 1 2(g)(4) of the Enforcement Decree of the Tourism Promotion Act), and “tourist hotel” is not prohibited from the installation of the above facilities. Rather, according to Article 18(1) of the Tourism Promotion Act, if a tourism business operator (see Articles 2 subparag. 2 and 3(1)(a) of the Tourism Promotion Act, Article 2(1)2(a) of the Enforcement Decree of the Tourism Promotion Act, Article 6 of the School Health Act, Article 8(1) of the Enforcement Decree of the same Act, Article 18(2) of the same Act, Article 18(2) of the same Act, Article 2(1)2(b) of the same Act, which prohibits the installation of a tourist hotel in the instant case.

F) Meanwhile, the Plaintiff asserted the following circumstances to the effect that, even if the Plaintiff was entering a tourist hotel in the instant building, there are legal grounds for not allowing the Plaintiff to enter the said amusement facility, but all of them cannot be accepted.

(1) Although the Plaintiff asserts that the Defendant or the New Middle School promised not to install the above time signals on the instant building, it is difficult to view that the legal effect alone is doubtful to completely eliminate the risks of the said facilities to be installed.

(2) In addition, the Plaintiff’s deliberation on the instant application was conducted in accordance with the procedures stipulated in the instant deliberation provision. Since the instant deliberation provision is a provision for the act and the tourist hotel that do not have any facilities (such as amusement facilities) under Article 6(1)12 of the School Health Act, the instant deliberation provision asserts to the effect that the said amusement facilities cannot be installed in the instant hotel in the future. However, the instant deliberation provision is merely an internal instruction that is not based on the statute, and the instant provision for deliberation is merely an internal instruction that does not exist. As such, in the future, there is no need to block the instant provision from being installed and operated as an administrative agency by asserting that the oil, which is a business operator of the instant hotel, has obtained the permission for the installation of amusement facilities pursuant to Article 18(1) of the Tourism Promotion Act.

(3) The Plaintiff asserts to the effect that an administrative agency’s registration of a tourist hotel for the hotel oil and did not install such entertainment facilities as ancillary facilities. The Plaintiff may impose sanctions, such as cancellation of the registration of a tourist operator, on the Posium if the Posium violated the father of the Posium. In fact, according to Article 7 of the instant Review Regulations, the Plaintiff asserts to the effect that the Posium may impose sanctions on the Posium for cancellation of the registration of a tourist operator. There is also a provision that the posium or the head of the district office of education shall send the matters proposed by the Posium to the public official in charge of the permission of the tourist hotel business and require the competent tourism agency to cancel the registration of the Posium’s hotel hotel business if the Posium violated the obligations. However, the instant Review Regulations do not have the effect of restricting the public as an internal instruction of the Ministry of Education. Moreover, it is doubtful that the posium’s registration of a tourist hotel establishment may not be revoked for the reason that the 1000s of the registration of the above.

(4) On the other hand, Article 2(4)5(a) of the Enforcement Rule of the Tourism Promotion Act (amended by Ordinance of the Ministry of Culture, Sports and Tourism No. 203, Mar. 6, 2015; hereinafter the same) provides that a person who intends to register a tourist accommodation business shall submit a sight table for each facility at the time of registration. Article 6(1)4 of the Enforcement Decree of the Tourism Promotion Act provides that a tourist hotel operator shall register any change in the type of ancillary facilities. Article 35(1)1 of the Tourism Promotion Act provides that a person may revoke registration or order a disciplinary measure, such as business suspension, if he/she fails to register such change. The Plaintiff asserts that the instant hotel intends to install a amusement facility as an ancillary facility on the grounds of the foregoing provisions, and that the competent administrative agency’s rejection of registration of change may exclude the efficacy of the establishment of a amusement facility.

However, Article 3(4) of the Enforcement Rule of the Tourism Promotion Act provides that Article 2(7) of the same Rule shall apply mutatis mutandis to the issuance of a modified registration certificate, and Article 2(7) of the same Rule provides that the competent administrative agency shall issue a tourism business registration certificate if the application is deemed to meet the requirements for registration. Therefore, if the pertinent hotel files for registration of modification to install amusement facilities in the future, the administrative agency bears the duty to prepare records, such as modification, as long as the above registration of modification meets the requirements for registration, and Article 5 [Attachment 1] of the Enforcement Decree of the Tourism Promotion Act, which provides for the above registration criteria, does not put any restriction on the installation of amusement facilities by a tourist hotel as auxiliary facilities. Accordingly, even if the pertinent hotel files an application for registration of change to install amusement facilities as ancillary facilities, it is difficult to accept this part of the Plaintiff’s assertion.

(5) Meanwhile, according to Article 23(1)(d) of the Enforcement Rule of the Tourism Promotion Act, a person who intends to obtain approval of a business plan for a tourist hotel business shall submit documents concerning “area by facility, floor, and facility content”. Article 35(1)8 of the Tourism Promotion Act provides that a person who has obtained approval of a business plan as mentioned above may impose sanctions if he/she arbitrarily modifies the business plan without any justifiable reason. Based on the above provisions, the Plaintiff asserts that there is no content about the installation of entertainment facilities in the documents to be submitted when he/she obtains approval of a business plan for the hotel of this case. On the basis of the above provisions, the Plaintiff asserts that there is no content about the installation of entertainment facilities in the documents to be submitted when he/she obtains approval of a business plan for the hotel of this case. On the other hand, the instant hotel may be subject

However, the act subject to sanctions under Article 35(1)8 of the Tourism Promotion Act is limited to the act of voluntarily changing the business plan without obtaining approval for the change of the business plan. The act requiring a change of the business plan is limited to the reasons listed in the latter part of Article 15(1) of the Tourism Promotion Act and each subparagraph of Article 9(1) of the Enforcement Decree of the Tourism Promotion Act, and the change of the type of business of ancillary facilities does not constitute a change of the type of ancillary facilities. Therefore, the administrative agency cannot impose sanctions on the ground of Article 35(1)8 of the Tourism Promotion Act on the ground that the instant hotel installed entertainment facilities, unlike the documents submitted by the written application for the acceptance of the existing business plan

G) Furthermore, the Plaintiff introduced various legislative activities, etc. to relax the restriction on the installation of tourist hotels in the relative Cleanup Zone, and accordingly, the instant deliberation provisions were enacted as a part of the relaxation of such regulation. As such, the instant deliberation provisions were enacted to the effect that the relaxed standards should apply to the instant application for the rescission of the restriction. However, there is no provision to the effect that the relaxed standards should apply to the revocation of prohibited facilities and acts in anywhere. Furthermore, even if the Plaintiff’s assertion is made, the School Health Act amendments that relax the restriction on the installation of tourist hotels in the relative Cleanup Zone only are submitted to the National Assembly on October 9, 2012, and it is unclear whether the amendment passed the amendment, and it cannot be interpreted that the restriction on the establishment of tourist hotels in the relative Cleanup Zone is alleviatedly mitigated.

H) In addition, the circumstances that the instant building was used as a hotel to change the purpose of the instant building to a hotel, including a service contract and a design modification contract, and the monetary expenditure was made accordingly, do not have a duty to make the instant building by taking into account such pecuniary losses, even though having knowledge that the instant building is located at a place prohibited from hotel business, with the knowledge that the instant building was located at the hotel, and there is no obligation to make the instant disposition to the administrative agency, taking into account the burden of the distribution of the risks of design modification. Rather, the instant building was permitted to use the instant building as a business facility, not a hotel. Even if the prohibition of the tourist hotel business on the instant building was not revoked, distribution of the instant building was used for the original purpose, and thus, it cannot be deemed that the interests of the Plaintiff or distribution infringed compared to the public interest purpose to achieve the instant disposition.

4) The instant refusal disposition is lawful.

3. Conclusion

The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judge Lee Sung-soo

Judgment Notarial decoration;

Judges Yellow support

Note tin

1) Article 2(1)2(a) of the former Enforcement Decree of the Tourism Promotion Act (amended by Presidential Decree No. 24884, Nov. 29, 2013) (see Article 2(1)2(a).

2) Article 2(1)2(g) of the Enforcement Decree of the Tourism Promotion Act (amended by Presidential Decree No. 24884, Nov. 29, 2013) see Article 2(1)2(g) of the same Act. The Enforcement Decree of the Tourism Promotion Act is the foregoing.

With the amendment, the term "medical tourism hotel business" was newly established as a new type of tourism business. However, the plaintiff was amended at the time of application for the cancellation of the above.

Article 2(1) of the Enforcement Decree of the Tourism Promotion Act even at the time of application for the cancellation, on the grounds that the Enforcement Decree of the Mine Promotion Act was prior to enforcement (the enforcement date on March 1, 2014).

The defendant asserts that he/she applied for cancellation under the premise of "tourist hotel business" in subparagraph 2 (a), but the defendant's application for cancellation is made as amended tourism.

It is based on the premise of "medical tourism hotel business" under Article 2 (1) 2 (g) of the Enforcement Decree of the Promotion Act.

Site of separate sheet

Attached Form 1.

Relevant statutes

School Health Act

Article 5 (Establishment of School Environmental Sanitation and Cleanup Zone)

(1) In order to protect health, sanitation, and learning environments of schools, the Superintendent of an Office of Education shall refund schools, as prescribed by Presidential Decree.

A school environmental sanitation and cleanup zone shall be established and publicly announced. In such cases, the school environmental sanitation and cleanup zone shall be boundary lines of schools or schools.

No more than 200 meters from the boundary of the planned establishment site shall be exceeded.

Article 6 (Acts, etc. Prohibited in School Environmental Sanitation and Cleanup Zone)

(1) Anyone shall conduct acts and install facilities falling under any of the following subparagraphs in school environmental sanitation and cleanup zones:

section 2, 3, 6, 10, and 12 through 12 shall not apply in any zone prescribed by Presidential Decree: Provided, That in any zone prescribed by Presidential Decree, subparagraphs 2, 3, 6, 10 through

A person delegated by the superintendent of an office of education or a person entrusted by the superintendent of an office of education among acts and facilities specified in subparagraphs 18 and 20

Acts and facilities deemed not to have any adverse effect on learning and school health and sanitation after deliberation by the Committee.

of this section, except as the case may be.

12. Business in which alcoholic beverages are mainly sold and customers are allowed to sing, as well as the above acts;

Entertainment workers may be employed or entertainment facilities may be installed, and customers shall be allowed to dance.

13. Hotels, inn, inn;

15. Horse racing grounds, bicycle and motorboat racing grounds (including off-the-counter betting places in each facility);

16. Game providing business defined in subparagraph 6 of Article 2 of the Game Industry Promotion Act and the Internet defined in subparagraph 7 of the same Article;

Computer game facility business (A kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act and Article 2 of the Higher Education Act)

School environmental sanitation and cleanup zones of schools pursuant to subparagraph shall be excluded)

18. Combined distribution and game providing business defined in subparagraph 8 of Article 2 of the Game Industry Promotion Act;

19. Places of business falling under subparagraph 5 (a) (vii) of Article 2 of the Juvenile Protection Act, and items (a) (viii) or (ix) or (ix) of the same subparagraph;

7) Business establishments as publicly notified by the Minister of Gender Equality and Family pursuant to item (b).

20. Other acts and facilities similar to those referred to in subparagraphs 1 through 19 and acts and acts and acts harmful to public morals and customs.

Activities and facilities prescribed by Presidential Decree as snow;

Enforcement Decree of School Health Act

Article 3 (School Environmental Sanitation and Cleanup Zone)

(1) Pursuant to Article 5 (1) of the Act, the Superintendent of an Office of Education of a Si/Do (hereinafter referred to as the "superintendent of education") this school environmental sanitation and cleanup zone (hereinafter referred to as "regularity").

When establishing a chemical zone (hereinafter referred to as the "commercial zone"), it shall be established by dividing it into an absolute Cleanup Zone and a relative Cleanup Zone, but the absolute cleanup shall be conducted.

A zone shall be the entrance door of a school (referring to the prospective location of the entrance of a school to be established in cases of a planned school site).

An area within a 500-meter radius from the straight line, and the relative Cleanup Zone shall be the boundary of a school or the boundary of a planned school site.

An area excluding the absolute Cleanup Zone, among the areas which are up to 200 meters in a straight line from the line.

Article 5 (Zone where Restriction is Relaxed)

"Area prescribed by Presidential Decree" in the proviso to the part other than the subparagraphs of Article 6 (1) of the Act means the relative area under Article 3 (1) (where a billiard room is installed pursuant to Article 6 (1) 14 of the Act, referring to the whole Cleanup Zone including the absolute Cleanup Zone).

Article 7 (Establishment and Operation of School Environmental Sanitation and Cleanup Committee)

(1) Matters concerning school environmental sanitation and cleanup shall be under the jurisdiction of the superintendent of education or those delegated by him.

The School Environmental Sanitation and Cleanup Committee (hereinafter referred to as the " Cleanup Committee") shall be established.

(2) The Cleanup Committee shall be comprised of not less than 13 but not more than 17 members, including one chairperson and one vice-chairperson.

(3) The chairperson and the vice-chairperson shall be elected from among the members, and the chairperson shall exercise overall control over the affairs of meetings.

shall represent;

(4) The chairperson shall convene and preside over meetings of the Cleanup Committee.

(5) Members shall be employees belonging to the relevant superintendent of education or persons delegated by the superintendent of education, public officials of relevant institutions, parents or local history.

Persons with knowledge and experience from among meetings-related experts shall be appointed or commissioned, but members of school operating committees shall be members.

Parent's parents shall be at least one half of the total number of members.

(6) A majority of the members of the Cleanup Committee shall constitute a quorum, and pass resolutions with the concurrent vote of at least 2/3 of those present.

(7) The chairperson may have the head of a school related to agenda items referred to a meeting attend the Cleanup Committee to hear his/her opinions.

(2).

(6) The chairperson shall require the members of the school steering committee or parents involved in agenda items for the meeting to witness the Cleanup Committee.

Where a request is made, it shall be permitted: Provided, That the Chairperson may impair the fairness of deliberation by the Cleanup Committee.

Where it is deemed that a witness may not be permitted through a resolution of the Cleanup Committee.

(9) Where the head of a school has an objection to the result of deliberation by the Cleanup Committee, he/she shall do so within ten days after he/she becomes

A request for review may be made after hearing the opinions of the School Governance Committee. In such cases, the Cleanup Committee so requested shall conduct the review.

A review shall be conducted within 15 days from the date of receipt of such request.

(1) Except as otherwise expressly provided for in paragraphs (1) through (9), the Superintendent of an Office of Education shall organize and operate the Cleanup Committee.

The matters shall be determined.

Tourism Promotion Act

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term “tourism business” means transportation, lodging, food, sports, recreation, relaxation, or other services for tourists, or for other purposes;

The term "business of operating facilities annexed to minerals" means the business of operating such facilities for use.

2. The term "tourism business operator" means a person who has obtained permission or designation (hereinafter referred to as "registration, etc.") to run a tourism business in any column;

person who has filed a report;

Article 3 (Types of Tourism Businesses)

(1) The types of tourism businesses shall be as follows:

2. Tourist accommodation business: Any of the following businesses:

(a) Hotel business: The business of operating facilities suitable for the accommodation of tourists to provide tourists with such facilities, or operating facilities ancillary to accommodation;

The business of operating facilities suitable for meals, sports, entertainment, recreation, relaxation, performances, or training, etc. along with such facilities to be used;

(2) For tourism business under paragraph (1) 1 through 4, and 6 and 7, taxes shall be imposed, as prescribed by Presidential Decree.

may be divided.

Article 15 (Approval of Business Plans)

(1) Any person who intends to run a tourist accommodation business shall prepare a business plan for such business before he/she files for registration under Article 4 (1).

shall obtain approval from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu. A site and a building site in the project plan approved.

Matters prescribed by Presidential Decree, such as changing the area of the land and the total floor area of the building, etc.

the same shall apply to the Do.

Article 18 (Constructive Reporting, Permission, etc. upon Registration)

(1) Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu registers a tourism business operator after deliberation by the Committee, the following tourism business operator:

the report, authorization, permission, etc. shall be deemed to have been filed or received.

1. Reporting on accommodation business, public bath business, beauty business, or laundry business under Article 3 of the Public Health Control Act;

2. Permission for or reporting on business prescribed by Presidential Decree, which is a food service business under Article 36 of the Food Sanitation Act;

3. License for or report on a liquor sales business under Article 8 of the Liquor Tax Act;

4. Registration of foreign exchange business under Article 8 (3) of the Foreign Exchange Transactions Act;

5. Designation of a tobacco retailer under Article 16 of the Tobacco Business Act;

6. Recognition of the establishment of entertainment facilities under Article 6 of the School Health Act.

Cases where guest-use facility business is intended to be operated)

7. The sports facility business to be reported under Article 10 of the Installation and Utilization of Sports Facilities Act pursuant to Article 20 of the same Act;

Report on the sports facility business;

8. Permission for marine leisure activities under Article 63 (3) of the Sea Traffic Safety Act;

9. Reporting on or permission for opening an attached medical institution under Article 35 of the Medical Service Act.

(2) The Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu shall conduct tourist accommodation business, tourist-use facility business, and international conference business.

When registration is made, the head of the competent administrative agency of the reporting, authorization, permission, etc. referred to in the subparagraphs of paragraph (1) without delay;

of this section. The notice shall be given.

Article 35 (Revocation, etc. of Registration)

(1) The head of the competent registration authority shall be a person who has received registration for or filed a report on tourism business or obtained approval for a business plan.

In any of the following cases, the registration, etc. or approval of a business plan shall be revoked or granted within six months:

An order to suspend all or part of the business or to improve the facilities and operation for a fixed period may be issued.

1. If it ceases to meet the standards for registration under Article 4 or fails to file for registration of changes within the period for registration of changes;

or outside the registered scope; or

1-2. Where he/she ceases to have facilities and equipment prescribed by Ordinance of the Ministry of Culture, Sports and Tourism under Article 5 (2) and (4);

case.

2. Where he/she fails to obtain permission for modification or report on modification under Article 5 (3) and the latter part of Article 5 (4);

3. An infant who fails to file a report within a time limit under Article 8 (4) (including cases applied mutatis mutandis pursuant to paragraph (5) of the same Article);

v. F. N.N.

3-2. Where he/she fails to notify the suspension or closure of his/her business, in violation of Article 8 (7);

4. Where he/she fails to subscribe to an insurance or mutual aid under Article 9, or fails to deposit a business bond;

4-2. A person who affixs a false tourist sign or a false tourist sign, in violation of Article 10 (2);

Where he/she makes a false indication or advertisement;

5. Where he/she disposes of facilities of the tourism business to another person or causes another person to operate such facilities in violation of Article 11;

6. If the person has operated a package tour, in violation of any of the requirements and methods for the operation of package trips under Article 12;

7. A traveler who fails to provide safety information or revised safety information, or a travel contract, in violation of Article 14;

the travel schedule (including the selective tour schedule) is not granted to or without the consumer's prior consent.

cases of change

8. Any person who has obtained approval for a business plan under Article 15 within a period prescribed by Presidential Decree without justifiable grounds.

Any commencement or completion of the project or any replacement of the project plan without obtaining approval for alteration in violation of the same Article;

- In the case of its change to

8-2. Where he/she fails to apply for grading, in violation of the proviso to Article 19 (1);

9. Sales in units or invitation of members, in violation of Article 20 (1) and (4), or co-owners' meeting under paragraph (5) of the same Article;

In case of failing to comply with the matters to protect the rights and interests of the Board;

9-2. Where he/she has violated matters to be observed under Article 20-2;

10. If the person fails to meet any of the requirements for the permission for the casino business under Article 21;

11. If the person has neglected to maintain and manage the casino facilities and machines, in violation of Article 23 (3);

12. Where he/she has violated any of the matters to be observed under Article 28 (1) and (2);

13. Where it fails to pay the Tourism Promotion and Development Fund, in violation of Article 30;

14. Where he/she fails to comply with safety and sanitation standards for water play-type amusement facilities, etc. under Article 32;

15. Safety inspections of amusement facilities or amusement machines under Article 33 (1) and those subject to safety inspections;

subsection (2) of paragraph (2) of the same Article shall not be inspected or shall not assign a safety manager under subsection (2) of the same

in the case

16. Failing to observe the rules prescribed in Article 34 (1) for maintaining business order, or violating paragraph (2) of the same Article;

(2) If the parts manufactured unlawfully have been installed or used

16-2. Where he/she has a person unqualified engage in the business, in violation of the proviso to Article 38 (1);

17. Deleted;

18. Failing to comply with an order to report or submit documents under Article 78, or interfering with inspections by relevant public officials;

19. Where he gives and receives a bribe in managing the tourism business or driving forward a business plan;

20. If he/she intentionally breaches a travel contract (limited to a travel agency);

(2) The head of the competent registration authority shall, where a person who has obtained registration of a tourism business falls under any of the following subparagraphs, grant six months:

An order to suspend all or part of the business within a specified period.

1. If he/she has assigned a person who has not been registered pursuant to Article 13 (2) to guide an overseas tour;

2. Where he/she fails to comply with instructions and orders given by the Minister of Culture, Sports and Tourism under Article 27;

Enforcement Decree of the Tourism Promotion Act (Amended by Presidential Decree No. 26150, Mar. 17, 2015)

Article 2 (Types of Tourism Businesses)

(1) Pursuant to Article 3 (2) of the Tourism Promotion Act (hereinafter referred to as the "Act"), the types of tourism businesses shall be subdivided as follows:

2. Kinds of hotel business:

(a) Tourist hotel business: A business operating facilities suitable for accommodation of tourists and operating such facilities for use by tourists and operating such facilities for accommodation;

Facilities, etc. suitable for meals, sports, recreation, relaxation, performances, or training (hereinafter referred to as "appurtenant facilities") shall be installed together;

Business available to tourists;

(b) A floating tourist hotel business: A time suitable for accommodation of tourists in a structure or a ship fixed or moored on the water;

The business of operating facilities or ancillary facilities together to provide tourists with such facilities;

(c) Korean traditional hotel business: A business operating facilities suitable for accommodation of tourists in a building of traditional Korean style or ancillary facilities;

Business for use by tourists with thickness;

(d) Family hotel business: A business operating facilities and cooking utensils suitable for accommodation of unit tourists to provide tourists with such facilities and utensils;

facilities suitable for meals, sports, relaxation, or training to provide tourists with facilities suitable for accommodation;

business. The business of making available

(e) Hostel business: Facilities suitable for accommodation of individual tourists, such as backciting travellers, etc., such as convenience facilities, such as showers and kitchens;

business that provides cultural information exchange facilities, etc. for foreign and domestic tourists together;

(f) Small hotel business: A small scale establishment of facilities suitable for accommodation of tourists, and food, sports, relaxation, or rest incidental to accommodation;

A business operating facilities suitable for training to provide tourists with such facilities;

(g) Medical tourism hotel business: A medical tourism hotel business shall be equipped with facilities and cooking utensils suitable for accommodation of medical tourism visitors, or food and transportation incidental to accommodation;

The business of operating facilities suitable for Dong or resort together to make them available to foreign tourists mainly;

Article 5 (Criteria for Registration)

The standards for registration of tourism businesses under Article 4 (3) of the Act shall be as specified in attached Table 1: Provided, That the following standards shall apply where an application for registration of a hot spring resort, or agricultural or fishing village resort facilities, among resort condominium businesses and specialized resort businesses, is filed pursuant to Article 3 (1) from November 1, 2012 to October 31, 2014:

1. In cases of a resort condominium business, at least 20 guest rooms shall be available within a same complex, notwithstanding subparagraph 3 (a) (1) of attached Table 1;

shall be held by the court.

2. In cases of hot spring resorts among specialized resort businesses, notwithstanding subparagraph 4 (a) (2) (g) of attached Table 1, the following requirements shall be met:

of this section.

(a) It shall have public bath facilities using hot spring water;

(b) Track construction period, such as a tennis-gu tennis, table tennis-gu bowling-gol golf course, shipdminton course, roller rink, boat rink, etc.;

Two or more types of facilities among snow shall be installed or facilities for amusement facility business under subparagraph 5 of Article 2 shall be installed.

3. Agricultural or fishing village facilities among specialized resort businesses: The following requirements, notwithstanding subparagraph 4 (a) (2) (j) of attached Table 1:

shall be required to be held.

(a) Facilities for tourist recreation complexes in agricultural and fishing villages or tourist farms under the Rearrangement of Agricultural and Fishing Villages Act shall be available;

(c) cultivating special-purpose crops, trees, etc. or fish, rare animals, etc. that can be used by tourists for their viewing and rest;

It shall be satched

Article 6 (Registration of Change)

(1) Matters to be modified under Article 4 (4) of the Act shall be as follows:

1. Matters for which the business plan has been approved (limited to the tourism business for which the business plan has been approved);

2. Change of the trade name or representative.

3. A change in the number and form of guest rooms (limited to a tourist accommodation business excluding a resort condominium business);

4. Change in the location, area, and type of incidental facilities (limited to tourist accommodation business);

5. Change of the location of an office and the establishment of a new place of business in cases of travel business, and an office in cases of international conference planning business;

Change of Location

(2) Any person who intends to register any change under paragraph (1) shall be registered within 30 days from the date such change occurs.

The application for registration of change shall be submitted to the Governor of a Special Self-Governing Province or to the head of a Si/Gun/Gu, as prescribed by the Presidential Decree.

(2) In the event that the office location is changed, the registration application for change shall contain new location.

The Governor of the competent Special Self-Governing Province of the Do may submit it to the head of the Si/Gun/Gu.

Article 9 (Approval for Change of Business Plan)

(1) Any of the following cases shall be subject to approval for change in a business plan for tourist accommodation business pursuant to the latter part of Article 15 (1)

Each subparagraph shall be as follows:

1. Alteration of the area of the building site or building site by 10/100 of the total area originally planned and approved;

In the case of wounds

2. Alteration of the total floor area of the building by not less than 10/100 of the total area originally planned and approved;

case.

3. It involves modification of the number or area of guest rooms (this subparagraph shall apply only to a resort condominium business);

4. A change in the type of business between a hotel business and a resort condominium business, which meets the standards for registration of the type of business to be changed.

Changes in the type of business between telecoming business

Article 10 (Application, etc. for Approval of Business Plans)

(1) Tourist hotel floating tourist hotel business, Korean traditional hotel business, and family hotel business, as prescribed in Article 15 (1) and (2) of the Act,

Small hotel business, medical tourism hotel business, resort condominium business, and tourism business falling under any subparagraph of Article 12;

Any person who intends to obtain approval for a business plan (hereinafter referred to as "business plan") shall be as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.

The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall submit an application for approval of a business plan.

(2) Any person who intends to obtain approval for changing a business plan under Article 9 shall provide guidance on business as prescribed by Ordinance of the Ministry

An application for approval for the change of catch shall be submitted to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.

(3) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu who receives an application for approval of a business plan or approval of changes pursuant to paragraphs (1

Where the relevant tourism business is deemed to be approved, permitted, etc. pursuant to Article 16 (1) of the Act, the head of the Gu shall prescribe the same Article.

The head of the competent administrative agency shall consult with him/her pursuant to paragraph (2).

(4) The head of the competent administrative agency in receipt of a request for consultation under paragraph (3) shall do so within 30 days after receipt of such request.

An opinion shall be submitted. In such cases, if no opinion is submitted within the prescribed period, consultation shall be deemed held.

shall be deemed to have been established.

Article 13 (Criteria for Approval of Business Plans)

(1) The standards for approving a business plan and approving the revision thereof under Article 15 of the Act shall be as follows:

1. Contents of the project plan shall conform to the provisions of the relevant Acts and subordinate statutes;

2. A business plan shall have the capability and means to raise funds necessary for its implementation;

3. Tourist accommodation facilities and amusement facilities ancillary to such facilities in an ordinary residential area shall be as follows, in order to protect residential environments:

It shall meet the following criteria, and in cases of quasi-residential areas, it shall meet the criteria referred to in item (c): Provided, That it shall be an ordinary residential area;

approval for modification of the business plan (a construction or reconstruction after removal of all existing buildings)

in the case of subparagraph (a) not subject to the criteria, but subject to the criteria of subparagraph (a).

The standards under item (d) shall not apply to the facilities of the business.

(a) The site is linked to a road in accordance with the following classification: Provided, That the Special Self-Governing Province and a Si/Gun/Gu (referring to an autonomous Gu) shall refer to the Special Self-Governing Province and the

(n) If necessary to protect a residential environment, this criteria is strong by municipal ordinance, taking into account the characteristics of the region into consideration.

(1) tourist hotel business, floating tourist hotel business, Korean traditional hotel business, family hotel business, medical tourism hotel business;

A resort condominium business: A host business shall be conducted by combining a road of at least 120 meters wide by at least four meters;

A small hotel business: It shall be linked at least 4 meters wide to a road at least 8 meters wide.

The height of each part of a building (referring to the entire building in which tourist accommodation facilities are established) shall be from the part concerned.

It shall be adjacent to the right angle direction from the wall with an open door, such as a window or door, to view the neighboring site;

The boundary line of the site (a park, plaza, road, river, or other construction between the site and the site shall not be permitted;

(in the case of an open area, referring to the boundary line on the opposite part of the adjacent site)

It shall not exceed her line;

(c) A facility that creates noise pollution shall do harm to the neighboring residential environment by installing it on the underground floor or by any other means;

not to be required.

(d) At least 15 percent of each building site shall be filled with landscaped trees, and one shall be filled with trees around the boundary line of the building site;

He/she shall create a forest belt (forest belt) blocking the building site of adjoining areas.

4. The annual number of domestic guests shall not exceed 40 percent of the total accommodation of guest rooms (medical centers).

Only a mining hotel business)

(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall revise approval for a business plan reducing the scale of resort condominium business.

Upon receipt of an application, any of the following reduction rates shall be the initial and approved plan for sale and recruitment of members:

The scheduled date of approval for the modification of a business plan for the total number of buyers and members on the list (hereafter referred to as "members, etc." in this paragraph)

The ratio of total number of remaining members, etc. who are actually unsold in lots and are insufficient to recruit (hereafter in this paragraph, referred to as " unsold ratio".

The approval for change shall be granted to the extent not exceeding the extent that such change does not exceed : Provided, That this shall not apply to the purchase by units in lots by an entrepreneur.

or a member who has acquired membership shall have the site area and guest room area (referring to the exclusive and joint use area; hereinafter the same shall apply) for the members, etc.

The sales price or membership recruitment price shall be reduced in proportion to the reduction in this paragraph) and shall be received from the relevant members, etc.

In cases where a change has been made, approval for change may be granted in excess of the unsold rate.

1. The substitution of a modified plan for the area of a site on the original plan (referring to an approved project plan; hereafter the same shall apply in this paragraph);

The ratio of decrease in area of land;

2. The ratio of the reduced number of guest rooms in the modified plan to the number of guest rooms in the original plan.

3. The ratio of the reduced total area of guest rooms on the revised plan to the total area of guest rooms on the original plan.

Article 21 (Business Deemed to Have Obtained Authorization, Permission, etc.)

"Business prescribed by Presidential Decree" in Article 18 (1) 2 of the Act means business of a rest restaurant business, an entertainment bar business, an entertainment bar business, and an entertainment bar business under subparagraph 8 (a) through (d) and (f) of Article 21 of the Enforcement Decree of the Food Sanitation Act.

[Attachment 1]

Article 5 (Criteria for Registration of Tourism Business)

2. Hotel business;

(a) Tourist hotel business;

(1) A room with at least 30 rooms equipped with a bath or shower facility shall be available.

(2) has a system to provide an alien with a service.

(3) have the ownership or right to use the site and building; provided that the ownership or right to use the site and building is owned by a member;

to secure rights.

(g) Medical tourism hotel business;

(1) Installation of cooking facilities to be used by medical tourism visitors by guest rooms or joint cooking facilities by floor.

required by section 10

(2) The number of guest rooms with the bath or shower facilities shall be at least 20.

(3) The area of each guest room shall not be less than 19 square meters.

(4) Article 6(1)12, 15, 16, 18, and 19 of the School Health Act, and Article 6 of the Enforcement Decree of the same Act

No facility in which business referred to in subparagraph 1 is conducted shall be installed as an ancillary facility.

(5) have a system with which medical tourism visitors have a convenient access.

(6) It shall have a system for providing foreigners with services, such as employment of Gu residents in foreign languages.

(7) Installation of medical tourism hotel facilities (such as ancillary facilities of medical tourism hotel) under Article 3 (1) of the Medical Service Act;

(2) In such cases, the facilities excluding the medical institution shall be separated from the facilities of the medical institution.

Necessary matters shall be determined and announced by the Minister of Culture, Sports and Tourism.

(8) has the ownership or right to use the site and building; and

(9) Medical care in which a person who intends to register medical tourism hotel business satisfies the following requirements:

The person shall be the founder or custodian of an institution.

(A) The founder of a medical institution inducing international patients

1) Determination on the basis of the business performance reported to the Minister of Health and Welfare pursuant to Article 27-2(3) of the Medical Service Act;

(referring to the year preceding the year in which the date of filing an application for registration falls; hereinafter the same shall apply) in the previous year.

Where there are two or more attraction medical institutions, the sum of annual patients of the medical institutions inducing international patients;

As of the date of application for registration or the number of patients for the immediately preceding year as of the date of application for registration; hereinafter the same shall apply) 1,00.

(b) If at least one of the medical institutions attracting foreign patients is located in Seoul Special Metropolitan City, it shall be annually;

The number of patients shall exceed 3,00.

2) A person who satisfies the requirements of Article 33 (2) 3 of the Medical Service Act and satisfies such requirements.

It shall not be registered jointly with the founder or attraction business operator of a medical institution inducing international patients.

(b) Attractionr: Ground for business performance reported to the Minister of Health and Welfare pursuant to Article 27-2 (3) of the Medical Service Act;

(2) If the number of actual patients in the preceding year is calculated, the number of actual patients in the preceding year (if two or more persons are jointly registered,

As of the filing date of an application for registration, actual patients for the immediately preceding one year; hereinafter the same shall apply) or on the basis of the number of patients;

The number of persons shall exceed 500 persons;

Enforcement Regulations of the Tourism Promotion Act (amended by Ordinance of the Ministry of Culture, Sports and Tourism No. 203 on March 6, 2015)

Article 2 (Application for Registration of Tourism Business)

(1) A person who intends to register a tourism business pursuant to Article 3 (1) of the Enforcement Decree of the Tourism Promotion Act (hereinafter referred to as the "Decree") shall be separately registered.

In the application for registration of tourism business in attached Form 1, the Governor of a Special Self-Governing Province, the Mayor, the head of a Gun, and

The head of the Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall submit it to the head of the Gu.

1. Business plan;

2. Where an applicant (in cases of a corporation, its representative and executive officers) is a national, his/her name and resident registration number shall be recorded;

Documents

3. Documents attesting the ownership or right to use the real estate (the ownership of real estate through the certificate of registered real estate;

Only in cases where the authority or the right of use cannot be verified)

4. In the case of a hotel business, resort condominium business, which is planned to recruit members, a mortgage is established on each real estate.

certificate of subscription to guarantee insurance under the proviso to Article 24 (1) 2 of the Decree;

5. Documents evidencing foreign investment prescribed in the Foreign Investment Promotion Act (limited to foreign-invested enterprises);

(4) Any person who intends to register a tourist accommodation business, tourist-use facility business, or international conference facility business shall apply in addition to the documents under paragraph

shall be accompanied by the documents specified in the following subparagraphs, and paragraph (1) shall apply to any matter for which no change has been made in the approved project plan;

None of the documents referred to in the following subparagraphs shall be submitted.

1. To engage in the incidental business contained in a business plan approved pursuant to Article 15 of the Act (hereinafter referred to as "business plan") (hereinafter referred to as "business plan");

(1) In the case of reporting to, or obtaining authorization, permission, etc. from, the competent authorities pursuant to other Acts and subordinate statutes, the certificate shall be issued respectively.

Documents ordered by the documents referred to in subparagraph 2 or 3 (excluding where they are proved by the documents referred to in subparagraph 3)

2. Where a report has been filed or it is deemed that authorization, permission, etc. has been obtained pursuant to Article 18 (1) of the Act, such report or permission shall be filed, respectively;

Reports or applications and documents attached thereto;

3. Where a report is filed or authorization, permission, etc. is granted under the subparagraphs of Article 18 (1) of the Act, the relevant certificate shall be issued;

Order Documents

4. Floor plan and plot plan of facilities;

5. Scenic chart for each facility classified as follows:

(a) Tourist accommodation business: Scenic list by facility in attached Form 2;

(7) Upon receipt of an application for registration of tourism business under paragraph (1), the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall comply therewith

Where it is deemed that the registration certificate of tourism business in attached Form 5 is appropriate, it shall be issued to the applicant.

section 22.

Article 3 (Registration of Change of Tourism Business)

(1) Where a person who has registered a tourism business pursuant to Article 2 intends to modify any of the registered matters under Article 4 (4) of the Act, such modification

The fact of change in the application for registration of change of the tourism business in attached Form 6 within 30 days from the date the reason for change arises.

The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall submit documents attached thereto.

(2) The Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu who has received an application for modification pursuant to paragraph (1) shall do so.

by sharing administrative information pursuant to paragraph (1) of this section, a certificate of electrical safety inspection (the location or area of a place of business)

Hotel business where it is required to undergo an electrical safety inspection under Article 66-2 (1) of the Electric Utility Act due to a change, etc.

or an application for registration of change to international conference facility business shall be made only if the application is filed: Provided, That the applicant's electricity;

If the confirmation of a safety inspection certificate is not consented, the documents shall be attached.

(3) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall comply with Article 66-2 (1) of the Electric Utility Act as a result of verification under paragraph (2

Where an electrical safety inspection is not conducted, relevant agencies and applicants shall be notified of the details thereof.

(4) Article 2 (7) shall apply mutatis mutandis to the issuance of a modified registration certificate under paragraph (1).

Article 23 (Application for Approval of Business Plan)

(1) Any person who intends to obtain approval for a project plan pursuant to Article 10 (1) of the Decree shall apply for approval for a project plan in attached Form

The following documents shall be submitted to the Governor of a Special Self-Governing Province, the Mayor, the head of a Gun/Gu: Provided, That a registered entity shall be submitted:

In cases of land facilities, the approval of a project plan under Article 10 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act;

this title shall substitute the documents of each subparagraph.

1. A construction plan including the following:

(a) A construction site, total site area and land use plan;

(b) Construction plans;

(d) Area of each facility and each floor, and details of the facility;

Regulations on Deliberation of School Environmental Sanitation and Cleanup Committee for Tourist hotel business

Article 1 (Purpose)

The purpose of this Regulation is to prescribe matters concerning hotel business under the Tourism Promotion Act in connection with the deliberation by the school environmental sanitation and purification committee under Article 6 (1) of the School Health Act (hereinafter referred to as the "committee").

Article 2 (Scope of Application)

This Regulation shall apply only where the following requirements are met among the " hotel" under Article 6 (1) 13 of the School Health Act:

1. Hotel business among tourist accommodation business under the Tourism Promotion Act (hereinafter referred to as "tourist hotel");

2. A tourist hotel with at least 100 guest rooms;

3. Article 6 (1) 12, 14 through 16, and 18 through 16 of the School Health Act in the tourist hotel;

A hotel with no act or facility under the provisions of subparagraph 20 (a continuous application to a hotel for business after cancellation of deliberation)

under subsection (1) of this section.

Article 4 (Prior Examination for Deliberation)

(1) The chairperson of the Committee shall, prior to deliberation on a tourist hotel, influence and land on the educational environment of the relevant tourist hotel.

Comprehensively investigating and examining the following matters, including the contribution of the Assembly of History (referred to in this Regulation as "pre-examination":

(2). (3) In the case of

1. Characteristics of the tourist hotel (the estimated hotel rating, attracting foreign tourists, accommodation, etc.);

2. Impact on students and schools (whether to view, the number of students attending schools in adjoining areas, the distance of separation, etc.);

3. Opinions of the heads of the schools in the relevant area (including opinions, etc. of school steering committees);

4. A plan for educational environmental protection (including the installation of CCTVs and security of security guards, crosswalks, and guide-hows, etc.);

5. Contribution to the community ( contribution to the local economy, such as creation of employment, contribution to neighboring schools, etc.).

6. Other factors such as impacts on the learning environment.

(2) The Committee shall take into account the characteristics and conditions of each region, based on the attached Table, the detailed standards for prior review under paragraph (1)

set forth in subsection (1).

(3) The chairperson of the Committee shall organize a subcommittee to conduct a prior examination under paragraph (1), or another relevant public official or employee.

may request relevant experts, etc.

Article 6 (Notification of Grounds for Decision on Deliberation)

(1) The superintendent of an office of education or the head of a district office of education shall prohibit or cancel a tourist hotel pursuant to Article 5 (2) of the Enforcement Rules

(1) When determining the result, and notifying the business operator of the result, the major reasons for the decision shall be stated.

(2) The main reasons for determining whether to determine pursuant to paragraph (1) shall be stated in the attached Form and the Enforcement Rule of the School Health Act shall be attached thereto.

The attached Form 2 shall be notified together with the attached Form: Provided, That where the cancellation decision is notified, the attached Form may be omitted.

Article 7 (Notification, etc. to Related Agencies)

(1) Where the superintendent of an office of education or the head of a district office of education notifies a business operator of whether he/she determines under Article 6 (2), he/she shall

(2) The Superintendent of an Office of Education or the head of a district office of education shall, if a business operator fails to comply with the matters he/she has agreed upon pursuant to paragraph (1), send copies of such documents to the administrative agency in charge of the duties of the business operator so that the business operator can comply with the obligations.

The cancellation of the license and license of a tourist hotel in a fixed institution shall be demanded. The last day.

Attached 2.

A person shall be appointed.

참조조문

-게임산업진흥에 관한 법률 제2조 제6호

-게임산업진흥에 관한 법률 제2조 제8호