Seoul Metropolitan Government Housing Guro

Gyeongbuk-do, Gyeongbuk-do, at its original domicile

A person who intends to establish and operate a private teaching institute shall register his/her personal information, curriculum, name of instructors, tuition fees, etc., facilities, equipment, etc. with the superintendent of education by entering them in an application for registration of establishment and operation of the private teaching institute.

Nevertheless, the Defendant, without registering as above from July 25, 201 to October 29, 2012, operated a private teaching institute by teaching English circuits using telephone or Internet to 93 students in the way of raising tuition fees whenever the monthly tuition fees are added to 10 minutes, based on the basis of 48,000 won for telephone English call 10 minutes from the '○○○ Gag Remote Private Teaching Institutes' operated by Gyeongsan-si located in Gyeongsan-si.

2. Determination

According to Article 6(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Act”), a person who intends to establish and operate a private teaching institute shall register with the superintendent of education with the facilities and equipment under Article 8 of the Act, stating the personal information of the founder, etc., and Article 22 of the Act provides that a person who establishes and operates a private teaching institute without registration pursuant to Article 6 shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won, and the public prosecutor indicted the defendant pursuant to Article 22 of the Act, who operates the private teaching institute without registration as above. Accordingly, first of all, among the facts charged in the instant case, whether the Defendant’s instant teaching facility constitutes a private teaching institute

The term "private teaching institute" in subparagraph 1 of Article 2 of the Act means a facility that provides a private person with knowledge and arts (including where a private person provides consultation or other guidance necessary for entering a regular school and where a person provides distance learning using information and communication technology, etc.) or a facility that provides it as a learning place for at least 30 days according to the teaching process for at least the number of students determined by Presidential Decree, and "the number prescribed by Presidential Decree" in subparagraph 1 of Article 2 of the Act means ten persons who can take lessons or use it as a place of learning at the same time, and "the number of persons who can take lessons or use it as a place of learning for the same time is at least 10 persons" in this context means a facility that can teach at least 10 persons per hour in light of the size of the facility, contents of learning, etc.

According to the records, from the beginning of March 2010 to the beginning of Busan Metropolitan City, the Defendant taught a Korean language language for approximately 93 elementary, middle, and high school students and adults without being equipped with particular facilities at their own residence, and the above classes are conducted by telephone or Internet for about 1:0 students and students. According to the above facts of recognition, it is difficult to see that the above teaching facilities of the Defendant constitute facilities that can receive lessons at the same time by at least 10 persons, and there is no other evidence to recognize that the instant teaching facilities of the Defendant constitute private teaching institutes of this case.

Thus, since the facts charged in this case constitute a case where there is no proof of facts constituting the crime, it shall be decided as per Disposition with the decision of not guilty under the latter part of Article 325 of the