The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Case summary and key issue

A. The reasoning of the lower judgment reveals the following circumstances.

1) On March 15, 2018, the Plaintiff is deemed to be the Defendant’s total area of 18,468.3 square meters in Busan Shipping Daegu District (hereinafter “instant project site”).

A) The Educational Environment Protection Act (hereinafter “Educational Environment Act”) provides for the protection of educational environment to build three condominiums, etc.

() An application for approval of an assessment of educational environment under Article 6(1) was filed. Some of the instant sites constitute an educational environment protection zone (restricted protection zone) under Article 8(1) of the Educational Environment Act in a distance of 21 meters from entrance doors of nearby elementary schools. It constitutes an educational environment protection zone (restricted protection zone) at a distance of 130 meters from nearby C Kindergartens. (2) The Defendant sent a written request for supplementation to the Plaintiff to the effect that the Defendant shall supplement and submit to the Plaintiff matters related to school safety, sunshine, air quality, noise, vibration, vibration, etc. on three occasions. The written request for supplementation as of April 18, 2018 does not state that “the resort condominium business under Article 3(1)2(b) of the Tourism Promotion Act is not stipulated as prohibited acts and facilities under the Educational Environment Act, but the civil petition that raises concerns about sexual traffic, personal species, etc. is considerably stipulated as the time to present specific preventive measures against this.”

3) Article 9 subparag. 27 of the Educational Environment Act (hereinafter “instant legal provision”) applies to a resort condominium business under Article 3(1)2(b) of the Tourism Promotion Act by the head of the Busan Metropolitan Office of Education on July 2018.

On July 24, 2018, the Ministry of Government Legislation notified that an act or facility prohibited in educational environment protection zones is subject to the above provision in accordance with the result of statutory interpretation of the Ministry of Government Legislation, and rejected the Plaintiff’s application for an assessment of educational environment on July 24, 2018.

B. The instant case.