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(영문) 전주지방법원 2015.12.09 2014구합3751

댄스스포츠학원의 설립, 운영 등록신청 반려처분 취소

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1. The Defendant’s disposition of rejecting an application for registration of establishment and operation of a private teaching institute against the Plaintiff on September 5, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On September 3, 2014, 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 dance sport institute: the location of the dance dance institute: the type of the dance institute C and the third floor private teaching institutes: the dance sport (type of nicotine 5 items), the type of the dance institute for lifelong education and vocational training (art. 5 items):

B. On September 5, 2014, the Defendant: (a) excluded dance institute businesses under the Installation and Utilization of Sports Facilities Act (hereinafter “Facilities Act”) in the art field of art under Article 3-3(1) and [Attachment 2 of the Enforcement Decree of the Private Institutes Act; and (b) a dance institute is not subject to registration with the Office of Education under the Private Institutes Act; (c) a dance institute is not subject to registration with the Office of Education pursuant to the Sports Facilities Act; and (d) it constitutes a sports facility business subject to reporting to the competent Office under the Sports Facilities Act.

C. The Plaintiff appealed and sought revocation of the instant disposition to the Jeollabuk-do Education Administrative Appeals Commission, but was dismissed on December 3, 2014.

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

2. 원고의 주장 원고가 등록, 운영하고자 하는 이 사건 댄스학원은 국제표준무도(볼룸댄스)를 교습 또는 학습하는 장소로서 학원법상 학원의 요건을 구비하고 있음에도 그 등록신청을 반려한 피고의 이 사건 처분은 위법하므로 취소되어야 한다.

3. Entry in the attached Form of relevant Acts and subordinate statutes;

4. Determination

(a) The purpose of the Sports Facilities Act is to contribute to the improvement of national health and the good use of leisure time by encouraging the installation and use of continuously used facilities and their ancillary facilities, and by ensuring the sound development of the sports facilities business;