1. The plaintiff's claim is dismissed.

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

Details of the disposition

On May 13, 2016, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities within the school environmental sanitation and cleanup zone on the ground that part of the second floor among the buildings of the fourth floor D (hereinafter “instant building”) located in the relative Cleanup Zone in the school environmental sanitation and cleanup zone of B elementary school and C high school, in order to carry on the party room business.

On May 16, 2016, after deliberation by the school environmental sanitation and cleanup committee pursuant to Article 6 (1) of the former School Health Act (amended by Act No. 13946, Feb. 3, 2016; hereinafter “former School Health Act”), the Defendant issued a disposition that the Plaintiff would not accept the Plaintiff’s application for prohibited acts and cancellation of facilities (hereinafter “instant disposition”).

On June 20, 2016, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Cheong-do Office of Education Administrative Appeals, however, the Cheong-do Office of Education dismissed the Plaintiff’s claim on August 17, 2016.

[Reasons for Recognition] In full view of the facts without dispute, Gap evidence Nos. 1 and 2 (including the number of branch numbers; hereinafter the same shall apply), the overall purport of the pleading, and the purport of the disposition of this case, the plaintiff's assertion as to legitimacy of the disposition of this case is located at a location where accessibility from Eul Elementary School and Chigh School, and is not located at the principal school of the above school, and the current district is not located at the seat of the above school, the current district is strengthening the location as a sports by escaping from the appearance of entertainment in the past, and the revised National Health Promotion Act as a non-smoking area is expected to designate and implement the party room facilities as a non-smoking area from December 3, 2017 under the revised National Health Promotion Act. Thus, the disposition of this case is unlawful as it deviates from and abused discretion against the principle of proportionality.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 6 (1) of the former School Health Act.