1. The Defendant’s disposition to revoke the return of application for registration of establishment and operation of a private teaching institute to the Plaintiff on October 28, 2014.

2. The costs of lawsuit shall be.

Details of the disposition

On October 25, 2014, the Plaintiff filed an application with the Defendant for registration of establishment and operation of a private teaching institute under Article 6 (1) of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 14164, May 29, 2016; hereinafter referred to as the “Private Teaching Institutes Act”) with the term “the purpose: dance institute business, name: International dance Institutes, Private Teaching Institutes for Lifelong Education, and Private Teaching Institutes: Teaching Institutes for Education: Teaching curricula, and the curriculum: dance sports (forth, five dances).”

On October 28, 2014, the Defendant rejected the said application on the ground that the instant dance institute did not constitute a facility that can be registered as a private teaching institute for lifelong education or vocational training pursuant to attached Table 3-3(1)2 of the Enforcement Decree of the Private Institutes Act, but should be reported as a sports facility business (a dance institute business) pursuant to Article 10 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) and attached Table 2 of Article 6 of the Enforcement Decree of the same Act.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Daejeon Metropolitan Office of Education Administrative Appeals, but was dismissed on February 10, 2015.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and the overall purport of the argument in this case, which the plaintiff intends to establish and operate a dance sports institute, is a kind of private teaching institute under Article 2 subparagraph 1 of the Private Institutes Act, and the defendant is obligated to register pursuant to Article 6 (1) of the Private Institutes Act.

대법원은 체육활동에 이용할 목적이 아니라 국제표준무도(볼룸댄스) ‘국제표준무도(볼룸댄스)’라 함은 국제적으로 운동종목으로 취급되는 표준무도인 볼룸댄스로서 국제댄스스포츠연맹(IDSF, International Dance Sport Federation)이 댄스스포츠라고 칭하는 경기용 춤 10종목, 즉 왈츠(waltz), 탱고(tango), 퀵스텝(quickstep), 폭스트롯(fox-trot), 빈왈츠(Viennese waltz) 등 5개 종목의 모던스탠더드 볼룸댄스 Modern Standard Ballroom...