A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a person who operates a private teaching institute for young children (4 to 6 years of age) called "D" on the 6th floor of the Seo-gu Incheon Metropolitan City C building.

Any person who intends to establish and operate a private teaching institute shall prepare facilities and equipment referred to in Article 8 and enter personal information of the founder, curriculum, name of instructors, tuition fees, etc., facilities and equipment, etc. in the application for registration of establishment and operation of the private teaching institute, and register them with the superintendent of education,

Nevertheless, the Defendant, without the above registration, operated the said private teaching institute from October 201 to April 29, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

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 and the Selection of Fines;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion that D, operated by the defendant, for religious education, cannot be viewed as a private teaching institute to be registered under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons.

2. In a case where religious education conducted by a religious organization is not conducted in pure sexual intercourse or religious interest curriculum within the religious organization, but is conducted in the form of a private teaching institute under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, the establishment and operation of a private teaching institute and the establishment and operation of a private teaching institute demanding the establishment of an educational institution to actively protect the right to receive citizens’ education shall be regulated by the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (see, e.g., Supreme Court Decision 99Du6002, Feb. 23, 2001).