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(영문) 서울행정법원 2017.05.11 2016구합78646
교습정지 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that operates multiple testing and preparation institutes for public officials, such as the 1st public notification institute for the Plaintiff (hereinafter “instant private teaching institute”), and the Defendant is a supervisory authority supervising the instant private teaching institute.

B. On September 7, 2016, the Defendant visited the instant private teaching institute and conducted a fact-finding survey on whether the pertinent private teaching institute complies with the relevant statutes, such as the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

(1) Violations: Posting 30 false or unofficial notices among 86 instructors registered as at the time of the investigation into actual conditions of the given points 20 points (II.) and 86 instructors registered as at the time of the investigation into actual conditions of the given points.

On October 10, 2016, on the ground that the Plaintiff violated the Private Institutes Act, etc., the Defendant issued a disposition of suspension of teaching 14 days (40 points of punishment, and period of suspension from November 1, 2016 to November 14, 2016) on the grounds that the Plaintiff violated the Private Institutes Act, etc. as follows:

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and Eul evidence No. 1 (including each number), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On the grounds delineated below, the plaintiff's assertion 1, violations among the disposition grounds of this case, ①, and ② non-existence.

① At the time of the fact-finding survey, the Plaintiff printed out all 86 instructors of the instant driving school, but the Defendant put them into a liquid.

However, according to the defendant's pointed out that the personal information of some instructors was omitted in the fact-finding survey conducted on December 15, 2015 before the fact-finding survey of this case, the plaintiff filed a corrective report by means of supplementing the omitted portion and putting it in a liquid amount, and at the same time, inserting the liquid amount.

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