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(영문) 서울중앙지방법원 2020.06.01 2020노594

초ㆍ중등교육법위반

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not include C private teaching institutes by class, and the established curriculum is different from the curriculum taught in schools, even if it was operated as if the private teaching institutes of various subjects were gathered in one place.

The students of the above private teaching institute can enter the U.S. university with the recognition of the U.S. high school graduates, but C private teaching institutes such as the examination notice should be given to enter the domestic university.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which is erroneous in the misapprehension of legal principles.

2. A person who intends to establish a judged private school shall obtain authorization from the superintendent of education.

(Article 4(2) of the Elementary and Secondary Education Act. Private schools are corporations or individuals that establish private schools. At this time, schools include middle schools, high schools, as well as various kinds of schools (Article 2 and Article 3 subparag. 3 of the same Act). Various kinds of schools are schools similar to elementary schools, middle schools, and high schools, which are schools or alternative schools.

(Articles 60(1), 60-2(1), and 60-3(1) of the same Act. Various kinds of schools shall not use any name similar to elementary schools, middle schools, or high schools, unless academic background is recognized pursuant to the relevant Acts and subordinate statutes.

(Article 60(1) and (2) of the same Act. According to the evidence duly adopted and examined by the court below, the school department, assistant principal office, and health room shall be established in C Private Teaching Institutes operated by the defendant, and the school year system shall have 25 elementary school, middle school, 23 high school, and 133 students in total who teach subjects such as learning, science, society, history, universal English, Chinese language, practical English, art, etc., and which managed students' grades due to interim examinations and the end of the term; the school hours of the above school shall be from 09:0 to 16:30, and it is recognized that it is impossible to parallel with normal school classes.

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