1. The plaintiff's claim is dismissed.

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

1. Circumstances and details of the disposition;

A. On October 10, 2016, the Plaintiff filed an application with the Defendant for the cancellation of prohibited acts and facilities within the school environmental sanitation and cleanup zone (hereinafter “application for the cancellation of this case”) to operate the billiard room (hereinafter “instant billiard”) on part of the first floor of the building underground in Eunpyeong-gu Seoul, which belongs to the school environmental sanitation and cleanup zone under the former School Health Act (amended by Act No. 13946, Feb. 3, 2016).

B. On October 20, 2016, the Defendant notified the Plaintiff of the refusal of the instant application for rescission after deliberation by the School Environmental Sanitation and Cleanup Committee (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 6, and 7; the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The key point of the Plaintiff’s assertion is a sound and human sports, such as recognizing the Plaintiff’s assertion as a regular game event.

In addition, since the head of the party branch of this case is not the principal school of Chigh School students and is not seen in the school, the operation of the party branch of this case has little adverse influence on the study and school health and sanitation of the above school students.

On the other hand, property damage caused by the Plaintiff’s impossibility of running the party funeral business in this case by the instant disposition is relatively large.

Therefore, the instant disposition is unlawful as it deviates from and abused discretionary power.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) Determination 1) Pursuant to the proviso of Article 6(1) of the former School Health Act, a City/Do Board of Education or a person designated by the Superintendent of the Provincial Office of Education or the Superintendent of the Provincial Office of Education shall determine whether an application for the cancellation of prohibited acts and facilities in school environmental sanitation and cleanup zones has no adverse effects on learning and school health and shall cancel or continue to prohibit such prohibited acts and facilities (a measure of refusal