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(영문) 서울행정법원 2014.09.25 2013구합18728

교습비조정명령처분취소

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1. The Defendant’s order of adjustment of tuition fees issued to the Plaintiffs on May 31, 2013 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the founders and founders of each private teaching institute listed below.

Gangnam-gu Seoul N, 201, 3rd floor (Lbuilding), Gangnam-gu Seoul N, 201, 3rd floor (DO2), Gangnam-gu Seoul P, Gangnam-gu, Seoul, 3rd floor 302, Gangnam-gu, Seoul, 3rd floor 302, Gangnam-gu, Seoul, 3rd floor, 3rd floor 6 G, H U Teaching Institutes Gangnam-gu, Seoul, 201, 7 IG 202.

B. From October 201 to February 2012, the Defendant: (a) tuition fees, etc. (the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) for approximately 3,000 private teaching institutes within his/her jurisdiction.

According to Article 2 subparagraph 6 of the same Act, tuition fees, usage fees, or tuition fees, etc. (hereinafter “tuition fees”) a student pays to a founder or operator of a private teaching institute, an operator of a private teaching institute, or a private extracurricular teacher in return for teaching or use

) All other expenses to be paid in addition thereto (hereinafter referred to as “other expenses”).

The study conducted the complete study on the following. The results of the study showed that the tuition amount equivalent to 70% of the low tuition fees were 238 won per subdivision in the case of the Boper-Law Institute, and 262 causes per subdivision in the case of the internationalized(Korean) teaching institutes.

Accordingly, the defendant considered that the tuition fees below the above tuition fees are reasonable, and decided whether the tuition fees in excess are excessive individually in consideration of the situation of the private teaching institute.

C. On June 14, 2012, the Defendant sent to the founder and operator of a private teaching institute and a teaching school within the jurisdiction including the Plaintiffs a letter of “Guidance for Change of Tuition Fees, etc.” stating that “A private teaching institute and a teaching school shall make a registration for change of tuition fees, etc. (report) in accordance with the Private Institutes Act and the Private Institutes Act amended as of October 26, 201. From June 22, 2012 to July 31, 2012, the Defendant sent to the founder and operator of the private teaching institute and the teaching school, and on the ground that the 74 private teaching institutes including the Plaintiffs, including the Plaintiffs, exceed the standards for adjustment of tuition fees as a result of the application for change.