2. The costs of lawsuit shall be.

On February 27, 2015, the Plaintiff filed an application for registration with the Defendant to establish and operate a private teaching institute under Article 6 (1) of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 14164, May 29, 2016; hereinafter referred to as the “private teaching institute Act”) by providing that “the purpose: dance sport institute business, name: Do dancing Sports Institutes, and type of private teaching institutes: A private teaching institute for lifelong education and vocational training: a dance sport (forth, five kinds of dances, and five kinds of dances):

On March 9, 2015, the Defendant rejected the said application on the ground that the Plaintiff did not constitute a facility that can be registered as a private teaching institute for lifelong education or vocational training pursuant to attached Table 3-3(1)2 of the Enforcement Decree of the Private Institutes Act, but must report it to the Plaintiff as a sports facility business (a dance institute business) pursuant to Article 10 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) and attached Table 2 of Article 6 of the Enforcement Decree of the same Act.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongnam-do Office of Education Administrative Appeals, which was dismissed on June 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 and Eul evidence 1 (including branch numbers in the case of provisional number), and the purport of the whole argument, the purport of the disposition of this case, is that a dance sport institute established and operated by the plaintiff, which is the legitimate ground of the disposition of this case, is a private teaching institute under Article 2 subparagraph 1 of the Private Institutes Act, and the defendant is obligated to register pursuant to Article 6 (1) of the Private Institutes Act

대법원은 체육활동에 이용할 목적이 아니라 국제표준무도(볼룸댄스)를 교습 또는 학습하는 장소로 이용할 목적으로 시설을 설립ㆍ운영하면서 학원법에 의한 학원의 요건을 구비한 경우에는 체육시설법이 아니라 학원법이 적용된다고 판시한 바 있다.

In addition, the head of the district office of education in another region has registered a dance institute pursuant to the Private Institutes Act, and thus the disposition of this case is taken.