2. The costs of the lawsuit are assessed against the defendant.

A. On April 18, 2016, the Plaintiff filed an application for registration of a private teaching institute under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) with the Defendant as “education, name: dances sports institutes, and dances.”

B. On April 27, 2016, the Defendant excluded dance institute businesses under the Installation and Utilization of Sports Facilities Act (hereinafter “Rules of the Private Institutes Act”) from among the curriculum under Article 2-2 of the Private Institutes Act and Article 3-3 of the Enforcement Decree of the same Act. Since dance institutes are included in dance institute businesses pursuant to Article 10 of the Sports Facilities Act and Article 6 of the Enforcement Decree of the same Act, the Defendant rejected the Plaintiff’s application for registration of a dance institute on the grounds that the establishment of a dance institute should be equipped with facilities and reported to the competent Mayor in accordance with Article 11 of the Sports Facilities Act and Article 8 of the Enforcement Rule of the same Act.

(hereinafter referred to as “instant disposition”). / [Grounds for recognition] without dispute, Gap evidence 1, Gap evidence 2-1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고는 체육활동에 이용할 목적이 아니라 국제표준무도 ‘국제표준무도(볼룸댄스)’라 함은 국제적으로 운동종목으로 취급되는 표준무도인 볼룸댄스로서 국제댄스스포츠연맹(IDSF, International Dance Sport Federation)이 댄스스포츠라고 칭하는 경기용 춤 10종목, 즉 왈츠(waltz), 탱고(tango), 퀵스텝(quickstep), 폭스트롯(fox-trot), 빈왈츠(Viennese waltz) 등 5개 종목의 모던스탠더드 볼룸댄스(Modern Standard Ballroom Dance)와 룸바(rhumba), 차차차(cha cha cha), 삼바(samba), 파소도블레(paso doble), 자이브(jive) 등 5개 종목의 라틴아메리카 볼룸댄스(Latin American Ballroom Dance)를 지칭한다

(See Supreme Court Decision 2005Do4706, Jan. 25, 2007). A dance institute is established for the purpose of teaching and learning.