[1] The case holding that a private teaching institute teaching creativity, thinking ability, etc. falls under registration under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons in light of its teaching contents

[2] The case holding that it does not constitute a mistake in law if the operator of a private teaching institute did not carefully examine the contents of classes and provided a simple answer to questions with the public officials in charge of the competent office of education alone that his private teaching institute is not subject to registration under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons

[1] The case holding that a private teaching institute teaching creativity, thinking it is recognized that the ultimate purpose of its business is not to convey knowledge, acquire skills or arts, and that its means is an education for the content of arts or general subject, even if it is not to convey knowledge, acquire skills or arts, its means is an education for the content of arts or general subject, and thus, it should be registered pursuant to each of the provisions of Article 7-2 of the Enforcement Decree of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (see, e.g., Presidential Decree No. 19953, Mar.

[2] The case holding that it does not constitute a mistake in law if the operator of a private teaching institute did not carefully examine the contents of classes and provided a simple answer to questions with public officials in charge of the competent office of education alone that his/her private teaching institute is not subject to registration under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons

[1] Article 6(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; Article 7-2(2) of the former Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (defilled by Presidential Decree No. 19953, Mar. 23, 2007; see Article 3-2 of the current Act); and attached Table 1 / [2] Article 1

Defendant

Prosecutor

Kim Jong-chul

Law Firm (LLC), Kim & Lee LLC, Attorneys Nam-mun et al.

Seoul Southern District Court Decision 2007Ma406 decided August 30, 2007

The judgment of the court below is reversed.

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

1. Determination on the grounds for appeal

A. Summary of the facts charged

The Defendant did not register with the competent authority, and from September 2003 to December 6, 2006, established five lecture rooms and one office room on the fourth floor of the building (building name omitted) in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul (hereinafter omitted), and taught lecture fees of KRW 145,000 per person per 140 per 1-month for about 140 students, and established and operated a private teaching institute.

B. The judgment of the court below

The lower court determined that the instant facts charged constituted a case not constituting a crime, and sentenced the Defendant not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, on the grounds that teaching creativity, thinking, thinking, etc. is difficult to interpret it as a curriculum or similar curriculum listed in Article 2(1) of the Act on the Establishment, Operation, and Teaching of Private Teaching Institutes (hereinafter “Private Teaching Institutes Act”), or that it constitutes a curriculum or similar curriculum listed in attached Table 1 of the Enforcement Decree of the same Act.

C. The judgment of this Court

However, we cannot accept the above judgment of the court below for the following reasons.

(1) Relevant statutes

former Private Teaching Institutes Act (amended by Act No. 7974 of September 22, 2006)

Article 2 (Definitions) The definitions of terms used in this Act shall be as follows:

1. The term "private teaching institute" means a facility in which a private person teaches learners, at least the number prescribed by Presidential Decree, knowledge, techniques (including skills) and arts according to the teaching process for at least 30 days or provides them as learning places for at least 30 days;

Article 2-2 (Types of Private Teaching Institutes) (1) The types of private teaching institutes shall be as follows:

1. A private teaching institute for school curriculum: A private teaching institute that teaches young children or disabled persons under subparagraph 1 of Article 2 of the Early Childhood Education Act or teaches the school curriculum under Article 23 (3) of the Elementary and Secondary Education Act for those who have any disability falling under any subparagraph of Article 15 (1) of the Act on Special Education for the Disabled Persons;

2. Private teaching institutes for lifelong education or vocational education: Private teaching institutes aimed at providing lifelong education or vocational education other than those under subparagraph 1.

(2) The classification of teaching curricula by type of a private teaching institute under paragraph (1) shall be determined by Presidential Decree.

Article 6 (Registration of Establishment and Operation of Private Teaching Institutes)

(1) A person who intends to establish and operate a private teaching institute shall be equipped with facilities and equipment under Article 8 and register with the superintendent of education, as prescribed by Presidential Decree.

Enforcement Decree of the former Private Teaching Institutes Act (amended by Presidential Decree No. 19953 of March 23, 2007)

Article 7-2 (Classification, etc. of Teaching Courses)

(1) The curriculum of a private teaching institute shall be classified as specified in attached Table 1.

(2) The registration of teaching curricula shall be registered as teaching curricula the contents of which are most similar to the classification under attached Table 1 or which may include the contents of which.

(3) A founder and operator of a private teaching institute may register and operate two or more teaching curricula at one private teaching institute.

[Attachment 1] Part of the curriculum of a private teaching institute

Field of artistic arts: Korean classical music, traditional dance, calligraphic arts, music, art, dance, erogate, classical music, classical music, model, comics, drama, Baduk, fireworks display, fireworks art.

Admission, Authorization and Supplementary Study (Ordinary Study): Textbooks belonging to the curriculum of elementary schools, middle schools, and high schools, excluding professional subjects of art, physical and vocational high schools.

(2) Teaching content of the instant private teaching institute

According to the evidence duly admitted and examined by the court below, the following facts are recognized.

The educational program of the private teaching institute of this case is based on the educational philosophy that it is important to develop logical and creative thinking that it is more important to think for all children rather than injecting knowledge, skills, and arts. The educational objective of this case is "to develop the knowledge, understanding, application, analysis, trend, integration, evaluation ability, to solve the complex problems by developing the sensitiveness, creativity, flexibility, flexibility, originality, and politics, which are subordinate factors of creativity, and to enhance the sexual attitude of the problem such as intellectual hosity, task attachment, etc.

For this purpose, the instant private teaching institute has been engaged in one week and 60-90 minutes a week in a way to talk about the fact that one teacher is assigned to each of 3 to 4 children to show his video or to talk about his talk, or to talk about the fact that he is connected after being aware of the things such as a day or a fluence, and to play a play related to a certain subject.

According to the advertising leaflets of the instant private teaching institute, with regard to the contents of classes, logical power, and relationship with the development of creativity, the two-year-old young children study the expression “original expression” through studio through a sand play, such as the concept of “water”, the classification of owners, the perception of “language” by means of learning the name and location of the body body body through artificial bathing play, the perception of “science” through studios, the characteristics of animals and animal house, and the studios, etc., and the play that spreads food in the drawing. The three-year-old young children learning “original expression” through the creation of an studio, the studio, etc., and the studios learning of “catios” through learning through learning, the nature of the temperature, and the play, etc. in which things are distributed or things are arranged in the order.

(3) Conclusion

Comprehensively taking account of the above facts, although the ultimate objective of this case's private teaching institute's business is to convey knowledge, maintain logic, not acquire skills or arts, and even if there is creativity education, its means is sufficiently recognized as an education of contents corresponding to arts or general subject, so the private teaching institute of this case's private teaching institute of this case's private teaching institute of this case's private teaching institute of this case's case's judgment which acquitted the defendant on the ground that its contents do not fall under the teaching process that it does not fall under the curriculum to be registered under the relevant Acts and subordinate statutes, and it constitutes two or more teaching courses in accordance with Article 7-2 of the Enforcement Decree of the Private Teaching Institutes Act. Therefore, the prosecutor's assertion pointing this out has merit.

2. Conclusion

Therefore, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it shall be judged as follows.

The summary of the facts charged as stated in Section 1-A (A) above is as follows.

1. Statement of the defendant in the second trial records of the court below;

1. The statement of the non-indicted witness in the fourth trial record of the court below

1. A written accusation prepared by the Seoul Southern District Office of Education;

1. A statement on the preparation of the Nonindicted Party who made the accusation

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 22 (1) 2 (Selection of Fines) and Article 6 of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 7974 of September 22, 2006)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Around August 2003, the Defendant and his defense counsel visited the department in charge of the Seoul Southern District Office of Education to ask the public officials about whether to register the pertinent private teaching institute, and the public officials in charge reply to the absence of the items listed in [Attachment 1] by presenting the Enforcement Decree of the Private Teaching Institutes Act (Attached Table 1). The public officials in charge of the instant crime shall not be subject to registration unless they fall under [Attachment Table 1]. The public officials in charge of the instant case shall trust the fact that they are not subject to registration and conduct business after registering a general business operator, and shall not be subject to punishment because they fall under the error of law with justifiable grounds.

In light of the above, even if the circumstances are acknowledged as stated in the above assertion, it does not carefully examine the class contents of a private teaching institute which it intends to operate, and simply after inquiring the public official in charge of the above degree, the mistake that the private teaching institute in this case is not subject to registration cannot be deemed to constitute a mistake of law with a justifiable reason. Thus, the defendant's assertion is without merit.

In light of the period of the Defendant’s operation of the instant private teaching institute, students, tuition fees, etc., the size of the instant private teaching institute should not be specified. However, the Defendant is the primary offender, and there are grounds for consideration as seen earlier in the circumstances leading to the instant crime, and other factors for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, etc., shall be

Judges Han Jin-Jin-Jin-Jin (Presiding Judge)