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(영문) 서울중앙지방법원 2020.05.22 2019가합569158
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a school foundation that operates the “C High School” in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “C High School”) and the Plaintiffs were students who attended the instant school from 2009 to 2017.

B. 1) The Superintendent of the Seoul Special Metropolitan City Office of Education, from March 1, 1999 to February 28, 2002, designated the instant school as an autonomous school model school. On February 27, 2002, from March 1, 2002 to February 28, 2005, Article 61 of the Elementary and Secondary Education Act and Article 105 of the Enforcement Decree of the same Act were designated as an autonomous school that is granted autonomous right to manage its school affairs, etc., three times until February 28, 2019. 2) Since the instant school was designated as a model school in March 1, 199 as a self-governing school, the principal set the admission fees and tuition fees as KRW 90,00,100,100,100,100,107, and 3010,7,701, and 10,7,000,00.

C. The Seoul Special Metropolitan Office of Education (hereinafter “Seoul Special Metropolitan City Office of Education”) conducted the designation, operation, and evaluation of autonomous schools and autonomous high schools in 2014. In this context, matters pointed out as excellent matters, supplementary matters, and comprehensive opinions are as follows.

Matters to supplement excellent matters in the evaluation field;

1. Review and consultation on the regular collection of tuition fees of KRW 5,00 per hour of a school, after reviewing the problems that constitute 80-unit curriculum as a general high school since the students from school students in 2014 who operated schools after school (including Saturdays) not only regular curriculum hours but also have no autonomy in organizing curricula of autonomous schools; and therefore, it is necessary to review and consult about the regular collection of tuition fees of KRW 80,00 per hour of a school after reviewing the problems that constitute 80-unit curriculum as a general high school;

2. Professors and learning methods C High Convergence Education Research Council;

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