A. “D” operated by the Defendant of mistake of facts is a kind of self-learning learning center and does not constitute “private teaching institutes” to be registered pursuant to the provisions of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. 1) Article 2 subparag. 1 of the Private Institutes Act and the judicial precedents stipulate that “private teaching institutes” shall provide knowledge, techniques (including skills; hereinafter the same shall apply) and arts to students exceeding the number determined by Presidential Decree for at least 30 days according to the curriculum (including where the number of teaching days becomes at least 30 days repeatedly due to the repeating of the curriculum; hereinafter the same shall apply) or facilities provided as learning places for at least 30 days. Article 2-2 of the same Act separates schools from private teaching institutes for lifelong education or vocational training from private teaching institutes for their types, and then the classification of the curriculum by type of private teaching institutes under Article 23(3) of the Elementary and Secondary Education Act is prescribed by Presidential Decree. Accordingly, the curriculum by type of such private teaching institutes is classified by type and department of private teaching institutes under Article 3-3(1) [Attachment 2] of the Enforcement Decree of the same Act, which excludes the curriculum of a private teaching institute from the curriculum of a private teaching institute and the curriculum of a private teaching institute in the field and the curriculum.