[1] In a case where a lifelong educational institution provides a regular curriculum of a school, which is a school’s regular curriculum, or provides a curriculum of “private teaching institutes for school curriculum,” whether it is subject to punishment pursuant to relevant Acts (affirmative)

[2] The case affirming the judgment of the court below which acquitted a person on the ground of lack of evidence as to the facts charged of violating the Early Childhood Education Act by operating a kindergarten without obtaining authorization for establishment after making a report to

[1] Where a lifelong educational institution provides a regular curriculum of a school, it constitutes a person who operates a kindergarten without obtaining authorization for establishment of a kindergarten pursuant to Article 8(2) of the Early Childhood Education Act, and thus, can be punished pursuant to Article 34(1)1 of the same Act. Where a lifelong educational institution provides the curriculum of a private teaching institute for school curriculum, it constitutes a person who establishes and operates a private teaching institute without registration pursuant to Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and constitutes a person who establishes and operates a private teaching institute, and thus, is subject to punishment pursuant to Article 22(1)1 of the same Act.

[2] The case affirming the judgment of the court below which acquitted a person on the ground that there is a lack of evidence to acknowledge that the facts charged against the violation of Article 34 (1) 1 and Article 8 (2) of the Early Childhood Education Act by operating a kindergarten without obtaining authorization for establishment after reporting to a lifelong educational establishment are operated as a kindergarten or an strengthened curriculum under the Early Childhood Education Act

[1] Articles 8(2) and 34(1)1 of the Early Childhood Education Act, Article 6 and Article 22(1)1 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons / [2] Articles 8(2) and 34(1)1 of the Early Childhood Education Act

Defendant 1 and one other

Prosecutor

Daejeon District Court Decision 2009No1600 Decided September 22, 2009

All appeals are dismissed.

The grounds of appeal are examined.

Article 9 of the Framework Act on Education provides that a school shall be established to provide early childhood education, elementary education, secondary education, and higher education (paragraph (1). The basic matters concerning school education, such as the type of a school and the establishment and management of a school, shall be determined separately by Act (paragraph (4)). Article 2 subparagraph 2 of the Early Childhood Education Act provides that “ kindergarten” means a school established and operated for the education of young children pursuant to this Act. As such, “ Kindergartens” under Article 2 subparagraph 1 of the Early Childhood Education Act provides that “A school is to provide for the curriculum for the education of young children” means a school which is established and operated to provide early childhood education, other than regular curriculum of a school, basic and literacy education, vocational education, lifelong education, lifelong education, lifelong education, lifelong education, and civic participation, etc.” Article 2 subparagraph 1 of the Lifelong Education Act provides that “The establishment and operation of a private teaching institute under Article 3 of the same Act shall not be permitted by any person who is subject to the establishment and operation of curriculum of a private teaching institute or by any other Act.”

According to the reasoning of the judgment below, the court below maintained the judgment of the court of first instance that acquitted the Defendants on the ground that there is insufficient evidence to acknowledge that the Defendants’ operation of the “insulin Insulin Soulin Soulin Soulululin” in the instant case as a curriculum equal or strengthened to “A kindergarten” under the Early Childhood Education Act was in violation of Article 34(1)1 and Article 8(2) of the Early Childhood Education Act by operating a kindergarten without authorization.

According to the records, the defendants can find out the fact that the defendants reported and operated the Kinnininninninninninninn as a lifelong educational establishment under the Lifelong Education Act. According to the above legal principles, if the defendants reported the Kinninninninninninninninnninninninninninninn in a lifelong educational institution and provided a kindergarten curriculum as a regular curriculum as a lifelong educational institution, the defendants violated Articles 34(1)1 and 8(2) of the Early Childhood Education Act. However, the court below determined that there is insufficient evidence to acknowledge that the defendants provided a regular curriculum as a school curriculum from the Kinninninninninninninnninninnninninninnn. The defendants can be subject to punishment under Article 22(1)1 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul (Presiding Justice)