A. Fact-misunderstanding PP program of this case (hereinafter “P program”) is a student program as part of an international exchange curriculum between a U.S. university and a domestic university.

Korean universities are involved in the selection process of students and the operation of the language course. This is based on the premise that the Korean university takes part in the language course from the beginning as part of the course of international exchange. Foreign lecturers for the language course are registered under the jurisdiction of the Korean university and provided language lectures to the Korean university, and tuition fees are paid directly to the students in foreign currency to the U.S. university. In order to solve the inconvenience in foreign currency transfer, the defendant received the en bloc from the students and remitted the transfer to the Korean university and the U.S. university, and the judgment of the court below is due to the error of fact.

B. Legal reasoning-misunderstanding P Program is not subject to Article 23 of the High Education Act, as part of the international exchange process recognized under the High Education Act, nor is it an extracurricular teaching.

Therefore, the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) is not applicable.

2. The defendant's assertion of misunderstanding of facts and misapprehension of legal principles is ultimately examined, since P Program constitutes a university education process to which the High Education Act applies, it is not subject to the law of a private teaching institute. Therefore, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles are also examined

The summary of the facts charged in this case is as follows: “The Defendant is operating from around 2006 to the Seocho-gu Seoul Metropolitan Government as a broker for studying abroad with the trade name “E”.

A person who intends to establish and operate a private teaching institute shall register with the superintendent of the competent office of education with facilities and equipment.

Nevertheless, the Defendant did not register between March 2010 and March 2013, and was from G in Seoul F and from the I University Professors in Seoul.