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(영문) 서울고등법원 2015.06.11 2014누59971

수강료조정명령취소

Text

1. Revocation of the first instance judgment.

2. On November 29, 2013, the Defendant’s order to adjust tuition fees issued against the Plaintiff shall be revoked.

Reasons

Details of the disposition

The Plaintiff is a person who establishes and operates a CEA (hereinafter referred to as “CA”) located in the same Gu D and 2 as the CEA (hereinafter referred to as “EA”) located in Gangnam-gu Seoul and the second level.

According to Article 15 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the “Private Teaching Institutes Act”) and Article 17-2 of the Enforcement Decree of the same Act, the Defendant refers to tuition fees, etc. paid by learners to founders and operators of private teaching institutes, operators of teaching schools, and private tutors in return for the use of teaching or place of learning, and all other expenses paid in addition thereto; hereinafter referred to as “tuition fees”).

In order to establish the adjustment standards, the teaching fees were transferred to the private teaching institutes located in the jurisdiction.

As a result of the investigation, the Defendant determined the tuition fees for each subcommittee of a branch corresponding to 70% from the lower tuition fees to the high tuition fees (hereinafter referred to as “standard tuition fees”) as the standard tuition fees, and determined that the tuition fees for each subcommittee of less than the above amount are appropriate, and determined that the procedure for determining whether the tuition fees for each subcommittee of which exceeds the standards is excessive after individually taking into account the situation of the private teaching institute (hereinafter referred to as “individual adjustment procedure”).

On July 2013, the Plaintiff: (a) registered monthly tuition fees and teaching hours for each course of the instant private teaching institutes with the indicated money; (b) divided the tuition fees registered by the Plaintiff into teaching hours; and (c) the tuition fees for each course of the instant private teaching institutes (hereinafter “registration tuition fees”) are written as follows.

The Defendant, around September 2013, indicated the following table “standard teaching fees” to the Plaintiff for each course of the instant private teaching institutes.