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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds for appeal was that the defendant believed only the speak of the agency with the mind that he want to provide his children with free educational opportunities and caused the crime of this case. In light of the circumstances of the crime, the punishment of the court below (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.
2. The number of parents wishing to study abroad in Korea due to various causes, such as globalization, economic growth, educational environment, etc. at a rapid rate of determination increases, and the demand for completing the course of study in Korea prior to studying abroad is also expanding. On the other hand, our law allows foreigners to enter a foreigners’ school, except free economic zones and Jeju Special Self-Governing Province, and only those who have resided in a foreign country for a certain period, and there is room for imbalance between demand and supply.
However, as the phrase "the ten-year area system of the nation" refers to the core policy of the nation to determine the contents and methods of education for the people as the physical and human basis of the nation, and the direction of education can not be easily determined without the consensus of all the people. Thus, the Constitution stipulates that all the people are obliged to have the children under their care receive elementary education and education within the scope stipulated by law (Article 31(2) of the Constitution of the Republic of Korea). This constitutes the limit on the right to receive education guaranteed by the Constitution or the right to receive school selection derived from the right to freedom of action.
The Defendant, beyond the foregoing limitation under the current law, was committing the instant crime in the course of seeking to meet the requirements for admission to a foreigners’ school for children, and without going through a normal method, entered the appearance of a foreign nationality in the Republic of Korea.