초록 close

School Sanitation Act provides that the region within 200 meters from the boundary of school must be protected as a School Environmental Sanitation and Cleanup Zone (SESC Zone). In the SESC Zone, it is forbidden to establish the harmful facilities to the students such as hotels, dance halls or LPG stations. It is necessary to regulate the harmful facilities in the SESC Zone to protect the educational environment, but it may violate the fundamental rights of people, especially the freedom of occupation. The main contents of this paper are as follows:(1) Gas station and power transmission tower must be included in the forbidden facilities in the SESC Zone. Gas station has the probability of explosion, and power transmission tower radiates the electromagnetic waves, so they are very dangerous facilities to the students. (2) When a facility is newly included in the forbidden facilities in the SESC Zone, the facility which is already located in the SESC Zone must be moved or closed within five years. But, five years of legal delay would not be enough to cover the invested costs. So it is needed to compensate by money for the loss. (3) If a school is built near the harmful facility to the students, that facility must be moved or closed immediately, because School Sanitation Act has no provision about the legal delay for such a case. So it is needed to prepare the remedies for the owner of facility in this case.