The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

National universities (Article 2 and Article 3 of the Higher Education Act), which are universities established and managed by the State (Article 2 and Article 3 of the Higher Education Act), are human and physical complex facilities provided for a specific national purpose called university education, and the school relationship between national universities and students constitutes public institutions. As to the burden of educational resources, Article 11(1) of the Higher Education Act provides that “A founder or operator of a school may collect tuition fees and other money due (hereinafter referred to as “enrollment fees”)” (Article 11(1) of the Higher Education Act provides that “A founder or operator of a school may receive tuition fees and other money due to the establishment or operation of a national university, which is a financial resource for education at a national university.”

Here, the national university's enrollment fees that the national university can receive from students mean the fees for the use of the national university, which is a public institution, to provide educational services that conform to the university's purpose by providing educational activities such as lectures, practice, and experiments to students and to allow them to use educational facilities necessary for such educational services.

Therefore, whether the money paid by the national university constitutes a enrollment fee shall be determined by whether the substance of the money paid is in quid pro quo with regard to the provision of educational services and the use of educational facilities at the national university, and by the meaning of the usage fee at the national university, which is a public institution. In light of the purport of the relevant laws and regulations related to education and its legal nature, etc., the purport of the relevant laws and regulations is to provide education services and educational facilities, even if the national university received funds from students or organizations consisting of students or parents of public institutions, who are users of public institutions, and used them for the provision of educational services and educational facilities in line with the purpose of the university,