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(영문) 전주지방법원 2016.11.24 2016구합930
금지행위및시설해제신청거부처분취소
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. On November 9, 2015, 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 of the school sanitation and cleanup zone of the Defendant in order to operate the Internet computer game facilities (hereinafter referred to as the “instant application”) under the name of “E” in the name of “E” (hereinafter referred to as “E”) on the fourth floor of the 1st floor and the 7th floor building located in Seongdong-gu, Seoul Special Metropolitan City (hereinafter “instant building”) located in the school environmental sanitation and cleanup zone.

B. On November 19, 2015, after deliberation by the School Environmental Sanitation and Cleanup Committee of the Jeonju Office of Education, the Defendant notified the Plaintiff that the application for the prohibited act and the cancellation of the above facilities is not accepted.

(hereinafter referred to as “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Jeollabuk-do Educational Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s claim on March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6 evidence, Eul evidence 1 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the defendant issued a disposition of prohibited acts and cancellation of facilities in the school environmental sanitation and cleanup zone to permit a party funeral business in the building of this case on around 2010. The defendant did not have any reason to dispose of the facility of this case differently from the party funeral, and considering the view from schools, possibility of not adversely affecting students' study and school health and sanitation, and the measure of this case is too likely to escape from the school environmental sanitation and cleanup zone, and further, infringement of property rights and freedom of business suffered by the plaintiff due to the disposition of this case is too large.

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