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A. On June 23, 2016, the Plaintiff filed an application with the Defendant for registration of the establishment and operation of a private teaching institute under Article 6(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

(hereinafter referred to as “the instant dance institute”). Purpose of the Plaintiff’s establishment: The name of the dance facility business: the location of the dice sport institute: The type of the Ysan-gu and the second floor private teaching institutes: the curriculum of teaching a private teaching institute for lifelong education and vocational training of Jeonju-si: the dance sports (Dian 5 items, collected 5 items).

B. On June 27, 2016, the Defendant rendered the instant disposition rejecting the said application on the grounds that according to Article 3-3(1) of the Enforcement Decree of the Sports Facilities Act, the instant disposition was rendered to the Plaintiff on the ground that “a dance institute, dance institute, or dance institute, other than dance institute businesses under the Installation and Utilization of Sports Facilities Act (hereinafter “ Sports Facilities Act”), can be registered as a private teaching institute, and according to Article 10 of the Sports Facilities Act and Article 6 of the Enforcement Decree of the same Act, dance institute business (a business teaching international standard dance curriculum after receiving tuition fees, etc.) is obliged to report as sports facility business

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Jeollabuk-do Education Administrative Appeals Commission, but the administrative appeals commission rendered a ruling dismissing the Plaintiff’s claim on July 25, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The gist of the Plaintiff’s assertion is that the instant dance institute intended to be established by the Plaintiff is a kind of private teaching institute under Article 2 subparag. 1 of the Private Institutes Act, and thus, is obligated to register pursuant to Article 6(1) of the Private Institutes Act.

대법원은 체육활동에 이용할 목적이 아니라 국제표준무도(볼룸댄스)를 교습 또는 학습하는 장소로 이용할 목적으로 시설을 설립ㆍ운영하면서 학원법에 의한 학원의 요건을 구비한...