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(영문) 서울행정법원 2017.07.07 2017구합1070

영업정지처분취소

Text

1. The Defendant’s disposition of suspending teaching for 60 days (from February 2, 2017 to April 2, 2017) that the Plaintiff rendered to the Plaintiff on January 31, 2017 is revoked.

Reasons

1. Details of the disposition;

A. From March 22, 2011, the Plaintiff established and operated a private teaching institute for the purpose of mutual postponement education (hereinafter “instant private teaching institute”) with the trade name “C” on the Gangnam-gu Seoul and the fourth floor.

The registration certificate of the establishment and operation of the instant private teaching institute is written as the type of “private teaching institute for lifelong education and training” and “atrical” of the curriculum of the instant private teaching institute.

B. On January 3, 2017, the Defendant received a civil petition regarding unlawful matters, such as non-Posting of the tuition fees of the instant private teaching institute, through a national newspaper.

Accordingly, the defendant is the same month.

5. The Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the “Act on the Establishment and Operation of Private Teaching Institutes”) shall apply.

This case's fact-finding survey on compliance with the relevant laws and regulations is called "fact-finding survey of this case"

(c) On January 31, 2017, the Defendant held that the Plaintiff violated relevant laws and regulations, such as the Private Institutes Act. Based on Article 17(1) of the Private Institutes Act, on January 31, 2017, 60 days (hereinafter referred to as “the instant disposition of suspension of teaching from February 2, 2017 to April 2, 2017”) based on the Plaintiff’s disposition of suspension of teaching.

In addition, the Defendant imposed an administrative fine of KRW 1,750,00 on the Plaintiff on the same day on the grounds that the Plaintiff did not subscribe to the non-signing of tuition fees and the liability liability insurance among the following violations, based on Article 23 of the Private Institutes Act, etc. < Amended by Presidential Decree No. 1720, Feb. 10, 200; 200; 3. Number 10: Number 2: Number 5: Number 5: Number 5: Number 5: Number 5: Number 10: Number 5: Number 10: Number 10: Number 5: Number 55 (based on recognition), total 10 points : Number 3, 4, and 8 (including number , number 1), number 1, 2, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1. The plaintiff shall post the tuition fees, etc. inside and outside of a private teaching institute by the Seoul Special Metropolitan City Office of Education.