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(영문) 수원지방법원 성남지원 2020.07.21 2019고정1134
학원의설립ㆍ운영및과외교습에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

A person who intends to establish and operate a private teaching institute shall register his/her personal information, curriculum, facilities, equipment, etc. with the superintendent of education, by entering them in an application for registration of establishment and operation of the private teaching institute.

Nevertheless, the Defendant, without registering the establishment and operation of a private teaching institute at the superintendent of education from April 2019 to June 27, 2019, established and operated a private teaching institute with the floor floor having a front glass window attached for dancing and singing at places of 40 square meters from Sungnam-si B, 1 underground level, and 40 square meters, and with the trade name of “C”, which is equipped with facilities such as electronic keyboard, ampample, ample, microphone, etc., which provide dance and singing to many unspecified persons including five artist trainees.

Summary of Evidence

1. Application of the Act and subordinate statutes to Internet notices (seven pages of investigation records), field photographs (18 pages of investigation records), membership information data (40 pages of investigation records), the closure of text messages (45 pages of investigation records), the taking of text messages (45 pages of investigation records), the practice student and the event activity contract (61 pages of investigation records) of the defendant's partial statement in the court;

1. Article 22 (1) 1 and Article 6 (1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons for Criminal Facts (hereinafter referred to as the "Private Teaching Institutes Act");

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The term "private teaching institute guilty of Article 334 (1) of the Criminal Procedure Act" means a facility in which a private person may teach ten or more learners or many unspecified students to teach knowledge, techniques and arts according to the teaching process for not less than 30 days or may be provided as a learning place for not less than 30 days;

(see, e.g., Supreme Court Decisions 92Do1140, Aug. 18, 1992; 2004Do6717, Dec. 10, 2004). The Private Institutes Act requires the establishment and operation of a private teaching institute to be registered with the superintendent of education, and on the facility standards, the qualifications of instructors, and tuition fees.

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