The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. The Plaintiff is operating a cartoon rental business with the trade name “C” on the third floor of the Mapo-gu Seoul Metropolitan Government Ground Building (hereinafter “C”). The cartoons of this case are located in the relative protection zone, approximately 130 meters away from the boundary of D elementary school under the Educational Environment Protection Act (hereinafter “Educational Environment Act”).

B. On March 5, 2019, the Plaintiff filed an application with the Defendant for exclusion of the cartoons of this case from prohibited acts and facilities within an educational environment protection zone pursuant to the proviso to Article 9 of the Educational Environment Act, but the Defendant rejected the application (hereinafter “instant disposition”) on March 11, 2019 following deliberation by the Regional Educational Environment Protection Committee (hereinafter “Local Educational Environment Protection Committee”).

C. On May 31, 2019, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition, but the Seoul District Office of Education Administrative Appeals dismissed the Plaintiff’s application on October 14, 2019. The said decision was served on the Plaintiff on October 25, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 9, and 10, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion, the cartoons of this case is not likely to be operated in a closed or unsound manner in light of the customer floor, the status of books owned, the indoor spatial structure and operation method, etc., and the access and access of the students of D elementary schools is not easy. Despite the fact that the hazards of cartoon lending business to juveniles who are familiar with the consumption of contents using digital media are considerably low, the Defendant clearly infringed the Plaintiff’s business right by rendering the instant disposition on the ground that the cartoons of this case had a negative impact on the educational environment without properly investigating the actual use status, etc.

Therefore, the disposition of this case should be revoked because it is in violation of the law of deviation and abuse of discretionary power.

(b) the attached Form of the relevant statute;