207Guhap5336 The revocation of revocation of the removal of facilities for prohibited acts in school environmental sanitation and cleanup zone

○ ○

Attorney Lee Do-young

The Southern District Office of Education of Incheon Metropolitan City

May 22, 2008

June 19, 2008

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The defendant's disposition of refusal to apply for the removal of the school environmental sanitation and cleanup zone against the plaintiff on September 28, 2007 shall be revoked.

1. Details of the disposition;

A. On September 19, 2007, the Plaintiff filed an application with the Defendant for the prohibition of prohibited acts and cancellation of facilities in the school environmental sanitation and cleanup zone (hereinafter referred to as the “application of this case”) in order to operate the Internet game facilities room (PC) room (hereinafter referred to as “the instant room”) in the 233th floor of the 5th floor building of the building located in the Nam-gu Incheon Metropolitan Government IT (hereinafter referred to as “the building of this case”).

B. On September 28, 2007, the Defendant rendered a decision to prohibit the prohibited acts and facilities in the school environmental sanitation and cleanup zone against the instant subjected areas on the grounds that the instant subjected areas might have a negative influence on students' learning and school health sanitation (hereinafter referred to as the "disposition of this case"), following the deliberation of the school environmental sanitation and cleanup zone pursuant to the proviso of Article 6 (1) of the School Health Act (hereinafter referred to as the "disposition of this case").

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The building of this case deviates from the main school of ○ Elementary School students in terms of its location, and does not directly appear at ○ Elementary School. The surrounding areas of the building of this case are entertainment areas where adult amusement facilities are concentrated even within the school environment-oriented cleanup zone, and there is no facilities such as private teaching institutes, reading rooms, and door room available for elementary school students. Thus, there is little concern that the ○ Elementary School students might have adverse effects on the learning and health and sanitation of ○ Elementary School students. The plaintiff already acquired the 00,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won of the 0,000 won.

(b) Related statutes;

As shown in the attached Form.

(c) Facts of recognition;

(1) The instant building is located within the relative Cleanup Zone among school environmental sanitation and cleanup zones, as it is located far from the boundary line of ○ Elementary School to a straight distance of 161 meters. The instant building is located within the relative Cleanup Zone, and the space between ○ Elementary School and the instant watch bank building is placed into another building, and it is not directly visible from school.

(2) The area in which the instant building is located is a commercial area where adult amusement facilities such as danran, entertainment shop, Mosel, marina shop, etc. are concentrated and operated, while the library is carrying on business in the vicinity of the commercial area.

B. No facilities may be used by students, such as private teaching institutes.

(3) Although the front way of the instant building deviates from the main entrance of the ○ Elementary School, 5% of the total number of students use the front way of the instant scam as the commuting to the instant scam. If the crosswalk of the scam of the scam of the scam of the scam of the scam of the scam of the scam of the scam of the instant building runs away from the main entrance of the scam of the scam of the scam of the scam of the instant building, the scam of the scam of the scam of the instant scam

(4) On August 24, 2007, the Plaintiff had already been issued a prohibition decision on March 5, 2004 with respect to the instant area to the instant area before acquiring the instant area from the competent ○○○○.

(5) The Defendant did not accept an application for prohibited acts and cancellation of facilities related to games, including a scam room located within the school sanitation cleanup zone of ○ Elementary School up to the present day. The Defendant presented an opinion that no more than 10 of the 15 incumbent members, among the 15 incumbent members, have presented the results of deliberation by the School Environmental Sanitation and Cleanup Committee for the instant scam.

[Ground of recognition] In without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 6-1 through 10, Eul evidence Nos. 1-1, 2, Eul evidence Nos. 3, 7, 8, and 11, Eul evidence Nos. 3, 7, 8, and 11, the result of the on-site inspection by this court, the purport of the whole pleadings

D. Determination

(1) Pursuant to the proviso of Article 6 (1) of the School Health Act, with respect to an application filed by a City/Do superintendent of education or a person designated by the superintendent of education or a superintendent of education for the cancellation of prohibited acts and facilities in the school environmental sanitation and cleanup zone to determine whether such acts and facilities have no adverse effects on learning and school health, and to cancel or continue such prohibited acts and facilities, it belongs to the discretionary act of a City/Do superintendent of education or a person designated by the superintendent of education or a superintendent of education. In order to make such acts and facilities illegal by deviating from and abusing discretion, it shall be determined by reasonably comparing and comparing various matters such as acts and facilities, types and scale of the relevant facilities, the distance from school, the number of students, the environment surrounding the relevant acts and facilities, the impact of the acts and facilities on school education and school health, and other acts and facilities in combination with other acts and facilities in the surrounding area, including property rights infringement suffered by the other party (see Supreme Court Decision 2002Nu166979, Mar. 14, 2003).

(2) With respect to this case, the inclusion of the room into the school environmental sanitation and cleanup zone of the school is difficult to protect the students who are weak enough to have separate records from the school, due to policy consideration to prevent them from being absent from various recreations using computers, such as games, and to prevent harmful information by using the entrance and use of the room without any restriction. In fact, it is more practical that the school facilities are used for compliance-based games or Internet hosting rather than searching information, and it is more likely that the students who are using the room will not be allowed to suffer any harm to the sound fostering of the elementary school students, so it is necessary to prohibit them from entering the surrounding areas of the building, and even if it is difficult to prevent such harm from being exposed to the school from being exposed to the view of the above circumstances, it is more difficult to view that the school facilities are used by the plaintiff's entrance and exit from the surrounding areas of the building of this case.

3. Conclusion

Therefore, the plaintiff's claim of this case is without merit and it is so decided as per Disposition.

Judges of the presiding judge

Judges

Judges

Related Acts and subordinate statutes

◆ 구 학교보건법 ( 2007 . 12 . 14 . 법률 제8678호로 개정되기 전의 것 )

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

(1) In order to protect health, sanitation, and learning environments in schools, the Superintendent of an Office of Education shall establish and publicly announce school environmental sanitation and cleanup zones, as prescribed by Presidential Decree. In such cases, no school environmental sanitation and cleanup zone shall exceed 200 meters from the boundary line of a school or prospective school site.

Article 6 (Prohibited Acts, etc. in Cleanup Zone)

(1) No one shall conduct acts and facilities falling under any of the following subparagraphs in the school environmental sanitation and cleanup zone: Provided, That the acts and facilities which the superintendent of education or the persons entrusted by the superintendent of education from among the acts and facilities prescribed in subparagraphs 2, 2-2, 4, 8, 10 through 13-4 and 15 deem not to have any adverse effect on learning and school health and sanitation through the deliberation of the school environmental sanitation and cleanup committee, shall be excluded:

13의2 . 「 게임산업진흥에 관한 법률 」 제2조 제6호에 따른 게임제공업 및 같은 조 제7 호에 따른 인터넷컴퓨터게임시설제공업 ( 「 유아교육법 」 제2조제2호에 따른 유치원 및 「 고등교육법 」 제2조 각 호에 따른 학교의 학교환경위생정화구역의 경우를 제외한다 ) ◆ 구 학교보건법 시행령 ( 2008 . 4 . 28 . 대통령령 제20773호로 개정되기 전의 것 )

Article 3 (School Environmental Sanitation and Cleanup Zone)

(1) Where the Superintendent of an Office of Education establishes a school environmental sanitation and cleanup zone (hereinafter referred to as the " Cleanup Zone") pursuant to Article 5 (1) of the Act, he/she shall be established by dividing it into the absolute Cleanup Zone and the relative Cleanup Zone, but the absolute Cleanup Zone shall be an area from the entrance door of a school to 50 meters in a straight line, and the relative Cleanup Zone shall be an area excluding the absolute Cleanup Zone among areas within 200 meters in a straight line from

(2) When the superintendent of education establishes a Cleanup Zone pursuant to the provisions of paragraph (1), he/she shall notify special markets, Metropolitan City Mayors or Do Governors of the matters concerning such establishment, and publicly announce the date and area of establishment.

Article 4 (Zone where Restriction on Activities is Relaxed)

The term "area prescribed by Presidential Decree" in the proviso of Article 6 (1) of the Act means the relative Cleanup Zone under Article 3 (1) (where a movie theater facility under Article 6 (1) 2-2 of the Act and a billiard room facility under Article 6 (1) 12 of the Act are installed, referring to the whole Cleanup Zone including the absolute Cleanup Zone). Finally.