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(영문) 대구지방법원 2014.07.25 2012구합3424
교습비등조정명령처분취소
Text

1. Each tuition fee, etc. indicated in the “Adjustment Order” column in the separate sheet issued by the Defendant against the Plaintiff on July 13, 2012.

Reasons

1. Details of the disposition;

A. The Plaintiff, within the Defendant’s jurisdiction, operates each of the “private teaching institutes” as indicated in the “name of each of the instant private teaching institutes” in the [Attachment List] that educates elementary, middle and high school students on learning, science, etc. (hereinafter “each of the instant private teaching institutes”).

B. On February 24, 2012, the Defendant confirmed the standards for the adjustment of tuition fees of private teaching institutes and teaching schools (hereinafter referred to as “private teaching institutes, etc.”) within the jurisdiction, as stated in the attached Table of Adjustment Criteria, after deliberation by the Mediation Committee for Teaching Fees, etc. (hereinafter “Mediation Committee”) under Article 17 of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Mediation Committee”).

C. On March 8, 2012, the Defendant, including the Plaintiff, prepared a registration (report) letter of tuition fees, etc. according to the instant adjustment criteria, and notified the Defendant of the modification thereof by no later than the 23th day of the same month. Accordingly, the Plaintiff determined tuition fees (hereinafter “instant tuition fees”) as indicated in the “application for adjustment” column in the attached list, and submitted a registration (report).

On April 4, 2012, the Defendant requested that the Plaintiff submit relevant documentary evidence, such as the registration (report) cost account statement, cash account statement, copy of cash account statement, financial statements, sales credit card and cash receipt compiled, loan repayment statement, loan repayment certificate, lease contract, copy of the student register, the current status of instructors and copy of the contract, and the current status of payment of tuition fees, on the ground that the instant tuition fees exceeded the instant adjustment standard, and the Plaintiff submitted the above documentary evidence to the Defendant on April 25

E. On June 5, 2012, in order to determine whether tuition fees are excessive in excess of the instant adjustment standards by private teaching institutes within the jurisdiction, including the Plaintiff, following the deliberation by the Mediation Committee, the Defendant confirmed individual adjustment standards, such as the list of individual adjustment standards with the content of raising the unit tuition fees for each item (hereinafter “instant individual adjustment standards”).

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