Whether a private teaching institute subject to registration under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes refers only to a facility that takes a curriculum or provides it as a place of learning in the curriculum under Article 5 (1) [Attachment 1] of the Enforcement Decree of the same Act (amended by Presidential Decree No. 16294 of May 10, 199) (affirmative)

The term "private teaching institute" under the Act on the Establishment and Operation of Private Teaching Institutes means that a private person teaches learners, techniques (including skills), and arts for not less than 30 days according to the teaching process as determined by the Presidential Decree, or facilities provided as learning places for not less than 30 days (Article 2 subparagraph 1 of the same Act), a person who intends to establish and operate a private teaching institute shall prepare certain facilities and equipment and register with the superintendent of education as determined by the Presidential Decree (Article 6 of the same Act). Article 5 (1) of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes (amended by the Presidential Decree No. 16294 of May 10, 199) provides that the registration of the establishment and operation of a private teaching institute under Article 6 of the same Act shall be classified by the teaching process according to the provisions of [Attachment 1], and that the school shall be limited to the teaching procedure provided by the Enforcement Decree and its attached Table 1 [Article 5 (2) 2, (3) and (3) of the same Act].

Article 2 subparag. 1, Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes, Article 5(1) [Attachment Table 1], Article 5(2)2, and Article 5(3)3 of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes (amended by Presidential Decree No. 16294 of May 10, 199)

Defendant

Prosecutor

Seoul District Court Decision 98No1188 delivered on February 23, 1999

The appeal is dismissed.

The grounds of appeal are examined.

The term "private teaching institute" under the Act on the Establishment and Operation of Private Teaching Institutes (hereinafter referred to as the "Act") means a facility in which a private person teaches students of more than the number prescribed by Presidential Decree with knowledge, techniques (including skills) and arts according to the teaching process for not less than 30 days, or a person who intends to establish and operate a private teaching institute shall be registered with the superintendent of education as prescribed by Presidential Decree with certain facilities and equipment (Article 6 of the Act). Article 5 (1) of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes (amended by Presidential Decree No. 16294 of May 10, 199; hereinafter referred to as the "Enforcement Decree") provides that the registration of the establishment and operation of a private teaching institute under Article 6 of the Act should be made by classifying the teaching process and each department of learning for not less than 30 days (Article 2 subparagraph 1 of the Act); and Article 5 (2) 3 and 3 of the Enforcement Decree of the Act provide that only the above curriculum of establishment and operation should be provided by the school shall be defined in [Attachment 1].

In the same purport, the decision of the court below is just in holding that since the defendant's subject, such as parasive art, salutism, oriental medicine, etc., is not a subject specified in the curriculum specified in attached Table 1, its operation facilities cannot be deemed as a private teaching institute subject to regulation under the above Act, and there is no error in the misapprehension of legal principles as argued in the Grounds for Appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Cho-Un (Presiding Justice)