교습정지처분취소 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiff A is operating the Institute of Foreign Sciences in Seocho-gu, Busan-si, and the Plaintiff Egye-si, the Institute of Foreign Sciences, the Institute of Foreign Sciences, the Institute of Foreign Sciences, the Institute of Foreign Sciences, is operating the Institute of Foreign Fauna and Flora.
B. On June 13, 2016, the Defendant issued a disposition to suspend teaching for seven days against Plaintiff A pursuant to Article 17 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) and Article 13 of the Gyeonggi-do Ordinance on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Ordinance on Private Teaching Institutes”), and for seven days from June 24, 2016 to June 30, 2016 for Plaintiff Egye Private Teaching Institutes Co., Ltd. and for seven days from June 29, 2016 to July 5, 2016.
(hereinafter “instant disposition”). C.
On the other hand, Article 16 (2) of the Private Teaching Institutes Act may set the teaching hours of a private teaching institute for school curriculum, a teaching school, or a private teaching school within the scope determined by the ordinance of a City/Do in consideration of the impact on the class of a school and the health of students.
In such cases, the superintendent of the Office of Education shall hear opinions from parents and related organizations.
Article 14 of the Ordinance on Private Teaching Institutes of Gyeonggi-do delegated by the said Act (hereinafter referred to as the “instant legal provisions”) provides that “A private teaching institute for school curriculum and teaching time of a teaching school shall be from 05:0 to 22:00 for students enrolled in a kindergarten, an elementary school, a middle school, or a high school pursuant to Article 16(2) of the Act.
Provided, That reading rooms shall be excluded herefrom.
(hereinafter referred to as the “Ordinance Clause of this case”) is defined as the “Ordinance Clause of this case.”
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1, 2, 3-1, 2-2, Eul evidence 1 and the purport of the whole pleadings
2. The plaintiffs' assertion
A. In violation of the principle of proportionality, the legal provision of this case and the provision of this case infringe on the student’s right to freely realize students’ personality, the right to educate parents’ children, and the Plaintiffs’ freedom to perform their occupation.
(b) Teaching hours;