댄스스포츠학원의설립,운영등록신청의 반려처분취소청구
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. The summary of the case and the key Plaintiff filed an application for the registration of a private teaching institute teaching international standard dance by using the type of a private teaching institute as “private teaching institute for lifelong education and vocational training (e.g., art.)” and the curriculum as “dances sports (e.g., g., dance 5 items)” pursuant to the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter
The Defendant rejected an application for registration of a private teaching institute on the ground that the dance institute which teaches international dance is not subject to registration of a private teaching institute under the Private Institutes Act.
(hereinafter “instant refusal disposition”). The lower court determined that the instant refusal disposition was unlawful on the ground that dance institutes teaching international standard dance can be registered as private teaching institutes under the Private Institutes Act.
As to this, the Defendant asserts in the grounds of appeal that, inasmuch as the proviso on the scope of dance institutes under the Installation and Utilization of Sports Facilities Act (hereinafter “the proviso on the scope of dance institutes under the Enforcement Decree of the Private Institutes Act”) was added to the curriculum of a private teaching institute for lifelong education or vocational training under the [Attachment 2] of the Enforcement Decree of the Private Institutes Act amended by Presidential Decree No. 23250, Oct. 25, 201, the Defendant added the proviso on “a dance institute business under the Installation and Utilization of Sports Facilities Act” concerning dance belonging to the curriculum of a private teaching institute for lifelong education or vocational training (hereinafter “the Sports Facilities Act”), a dance institute
Therefore, the issue of this case is whether a dance institute can be registered as a private teaching institute for lifelong education or vocational training under the Private Institutes Act.
2. Whether a standard dance institute can be registered as a private teaching institute for lifelong education or vocational education under the Private Institutes Act.
A. The legislative history of the proviso on the scope of dance institutes under the Enforcement Decree of the Private Institutes Act, which is the telegraphic body of the Private Institutes Act, is the subject of private teaching institutes at the time of its enactment by Act No. 719 of September 18, 1961.