학교환경위생 정화구역 설정으로 인한 기존 영업주의 재산권 제한 및 신뢰보호의 문제 = Issue of an Infringement of the Rights of the Existing Business Owners and Protection of Confidence as School Environmental Sanitation and Cleanup Zone

다국어 초록 (Multilingual Abstract)

Human beings are consistently influenced by their surroundings socially as well as physically. The educational environment including commuting areas for students in the middle of character formation. Meanwhile, as a by-product of industrialization and urbanization, the harmful businesses to the students such as motels, clubs had been established and spoiled the educational environment near the schools. Hence, the National Assembly revised the School Health Act in 2008 to prevent them from running businesses around the school zone. The School Health Act proclaims that the region within 200 meters from the boundary of school must be protected as a School Environmental Sanitation and Cleanup Zone(SESC Zone). When the Superintendent designates a SESC Zone, he or she divides the zone into the absolute cleanup zone and the relative cleanup zone. And the absolute cleanup zone should be the area within 50 meters in a straight line from the entrance door of a school, and the relative cleanup zone shall be the area within 200 meters in a straight line from the boundary line of a school or a prearranged school site other than the absolute cleanup zone. In the SESC Zone, it is forbidden to establish the harmful businesses to the students. However, the act does not only contribute to the purification of the zone, but also restricts the rights of the business owners within SESC Zone at the same time. The types of restriction can be divided into three groups. The cases when citizens` rights could be limited are as follows: First when the operation of a certain business is forbidden within the SESC zone, the owners of such businesses are obligated to leave the Zone. Second, when the act adds new types of businesses as forbidden ones within the Zone, the owners of such businesses are obligated to leave the Zone. Third, the owners of the restricted businesses are obligated to leave because a school is newly established in the area where their businesses used to be allowed legitimately. It appears that the third case has never been covered as a subject of existing studies. This paper focuses on the third group. Becuase the owners in the third group are not allowed to utilize their facilities after the zoning the primary issue here is the infringement of the property right and the protection of confidence. To propose solutions, this paper also covers the history of School Health Act and related leading cases.