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A. On June 19, 2015, the Plaintiff filed an application for registration of a private teaching institute under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) with the Defendant’s “purpose dance institute business”, “title B dance institute”, “tuition 5 dances”, and “five kinds of dances”.

B. On June 26, 2015, the Defendant rejected the Plaintiff’s application for registration of a private teaching institute (hereinafter “instant disposition”) on the ground that the instant dance institute seeks to teach international dance dance and is prescribed as a dance institute business under the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”).

C. The Plaintiff filed an objection against the instant disposition on July 27, 2015, but the Defendant rendered a ruling dismissing the Plaintiff’s objection on July 29, 2015, and the Plaintiff filed an administrative appeal with the Incheon Metropolitan City Office of Education Administrative Appeals, but the administrative appeals commission dismissed the Plaintiff’s claim on November 23, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s summary of the Plaintiff’s assertion is a kind of private teaching institute under Article 2 subparag. 1 of the Private Institutes Act, the Plaintiff is obligated to register pursuant to Article 6(1) of the Private Institutes Act.

대법원은 체육활동에 이용할 목적이 아니라 국제표준무도(볼룸댄스) ‘국제표준무도(볼룸댄스)’라 함은 국제적으로 운동종목으로 취급되는 표준무도인 볼룸댄스로서 C연맹(C, C)이 댄스스포츠라고 칭하는 경기용 춤 10종목, 즉 왈츠(waltz), 탱고(tango), 퀵스텝(quickstep), 폭스트롯(fox-trot), 빈왈츠(Viennese waltz) 등 5개 종목의 모던스탠더드 볼룸댄스(Modern Standard Ballroom Dance)와 룸바(rhumba), 차차차(cha cha cha), 삼바(samba), 파소도블레(paso doble), 자이브(jive) 등 5개 종목의...