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(영문) 의정부지방법원 2017.04.25 2016구합9225
학교환경위생정화구역내금지행위및시설해제
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

(a) Buildings of ten stories above ground, other than B, 3 parcels, shall be limited to the relative Cleanup Zone among school environmental sanitation and cleanup zones, since 120 meters away from the entrance and exit of C elementary schools, and 114 meters away from the boundary line;

B. On May 3, 2016, the Plaintiff operated a general restaurant (hereinafter “D”) with the name of “D” on the fifth floor of the said building, and filed an application with the Defendant for cancellation of prohibited acts and facilities in the school environmental sanitation and cleanup zone to operate the instant place of business as an entertainment tavern and a entertainment bar.

As a result of deliberation by the School Environmental Sanitation and Cleanup Committee, when both entertainment bars and dans were rejected, the case was prohibited against the Plaintiff on May 23, 2016.

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is not located in the main school route of C Elementary School, but is not located in the main school route of C Elementary School, and the inside facilities of the instant workplace and noise generated from the workplace are installed in the main school route and school.

In addition, since the business hours of the workplace of this case begin from 10 p.m., it does not affect C elementary school students attending and attending, and in particular, even though the Defendant received an application for prohibited acts and removal of facilities of danE located on the first floor of the building of the same building as the workplace of this case, it violates the principle of equality.

Therefore, the hazards that are likely to affect study and school health and hygiene of the C Elementary School students are not significant, on the other hand, due to the instant disposition, the Plaintiff’s business losses incurred. Therefore, the instant disposition violates the proportionality.

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