교습정지처분취소 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the following, thereby citing this case in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
Under the fourth sentence of the first instance judgment, the following contents are added, and the Plaintiff’s succession to the sanction against the Plaintiff is not permissible, and Article 6(1) of the Private Institutes Act provides that “personal information of the founder is one of the registered matters.” Article 9(1) provides various human elements as grounds for disqualification for not being registered as a driving school, and the Plaintiff does not take over the instructors and students.
However, the Act on the Establishment and Operation of Private Teaching Institutes provides the personal information of founders as registered matters and prohibit the establishment and operation of private teaching institutes for those who have certain grounds for disqualification can be understood in terms of the need to maintain the public nature and soundness of education provided by private teaching institutes, and it cannot be denied any succession to sanctions taken against private teaching institutes by citing such personal
In addition, even if the Plaintiff did not take over instructors and students, the Plaintiff’s “facilities provided as learning places” does not change the identity of a private teaching institute, and thus, this does not constitute a ground to deny the succession of sanctions.
In addition, if the plaintiff did not want to take a disciplinary measure, he/she should close the previous private teaching institute and establish a new private teaching institute. However, it is not based on the procedure of establishing a private teaching institute with relevant documents, such as facility plan and building ledger, and undergoing a field investigation on the facility (the defendant's reference materials attached to the documents dated September 13, 2017), but instead, according to the procedure of establishing a private teaching institute (the defendant's reference materials attached to the documents).