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(영문) 서울행정법원 2019.07.12 2018구합54965
교습비조정명령취소 등
Text

1. On December 28, 2017, the Plaintiffs’ reporting tuition fees among the orders to adjust their respective tuition fees issued by the Defendant against the Plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are individual business operators and companies operating each pertinent reading room as indicated in the attached Table 3 List located in Gangdong-gu Seoul Metropolitan Government and Songpa-gu.

B. From May 30 to June 23, 2017, between May 30, 2017 and June 23, 2017, the Plaintiffs stated “reported tuition fees” in the attached Table 3 as “reported tuition fees” to the Defendant.

(hereinafter referred to as the “reported tuition fee”) for which the Plaintiffs applied for registration of change.

On December 28, 2017, after deliberation by the Mediation Committee, the Defendant ordered the adjustment of tuition fees to change the tuition fees to each corresponding amount stated in the attached Table 2 “Adjustment Order Amount” column (hereinafter “Adjustment Order Amount”) pursuant to Article 15 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) and Article 17-2 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree of the Private Teaching Institutes Act”), on the ground that the Plaintiffs’ reported tuition fees are excessive.

(hereinafter collectively referred to as "disposition of this case"). . [In the absence of dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The defendant's assertion that the plaintiffs' tuition fees are excessive pursuant to Article 15 (6) of the Private Institutes Act can issue an order to adjust tuition fees.

Here, “a case where it is deemed to be excessive” means a case where the tuition fees significantly exceed the appropriate level in light of social norms.

The report fee of the plaintiffs does not significantly exceed the appropriate level of tuition fees under social norms, and the defendant recognized that the reported tuition fees of the plaintiffs are excessive, and the disposition of this case is unlawful.

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