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(영문) 춘천지방법원 강릉지원 2016.03.31 2016고정41
초ㆍ중등교육법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A, from June 3, 2013 to March 1, 2015, a person holding a post of “E” as a pastor of “D church” and holding a concurrent post, and Defendant B, from March 2, 2015 to November 2, 2015, is a person holding a post of “E” as a teacher holding a post of “D church” as a teacher holding a post of “E” from March 2, 2015.

A person who intends to establish a private school shall obtain authorization from the Superintendent of an Office of Education of the Special Metropolitan City, a Metropolitan City, or a Special Self-Governing Province, and shall neither use the name of a school nor recruit students to operate the facilities in de facto form of a school without authorization

1. Defendant A did not obtain the above school establishment authorization, from June 3, 2013 to March 1, 2015, Defendant A operated the above “E” in the form of a school, in fact, with the name of “E” and 80 students recruited more than 80 students in the name of “E” on the first floor of “D church” in Gangnam-si F, the second floor, and with facilities, such as lecture rooms, teaching rooms, dormitories, and auditoriums, from around June 3, 2013 to March 1, 2015.

2. Defendant B did not obtain the above school establishment authorization, from March 2, 2015 to November 2015, Defendant B operated the said “E” in de facto form of a school, such as having facilities, such as lecture rooms, teaching rooms, dormitories, and auditoriums, on the first floor, on the second floor, and providing 80 students with education under the name of “E”.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes concerning the investigation into the current status of unregistered alternative educational facilities and safety inspections;

1. Relevant Article 67 (2) 1 and Article 4 (2) of the Education of Elementary and Secondary Education Act concerning criminal facts and the selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in each of the Criminal Procedure Act is each the first offense, the operation status of alternative schools, and the direct benefit of the Defendants, due to the operation of schools.

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