203Nu294 Revocation of revocation of an application to change the location of a driving school

○ ○

Jeju ○○-dong

Attorney Han-hoon, Counsel for the plaintiff-appellant

Attorney Go-ok et al.

Jeju-do Jeju-si Do Governor

소송대리인 변호사 임ㅇㅇ

Jeju District Court Decision 2003Guhap395 delivered on December 3, 2003

August 13, 2004

August 27, 2004

1. Revocation of a judgment of the first instance;

2. The defendant's rejection disposition against the plaintiff on April 24, 2003 is revoked.

3. All costs of the lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. Facts of recognition;

[Ground] Facts without dispute, Gap 1, Eul 2, and the result of the survey and appraisal conducted by the appraiser door ○○, the purport of the whole pleadings

가. 원고는 제주시 연동 251-16 ㅇㅇ아파트 상가 ○호 및 ○호에서 '○○ 피아노 학 원 '이라는 상호로 피아노 교습학원을 운영하다가 2003. 3. 초순경 제주시 노형동 753-1 중흥에스클래스아파트 상가 ○○○호(이하 이 사건 상가 ○○○호라고 한다)로 학원을 이전하고 같은 해 3. 5. 피고에게 학원위치변경등록신청을 하였다.

B. The Defendant returned an application for change of the location of a private teaching institute on the ground that the newly relocated private teaching institute’s size is less than 60 square meters, which is the size of the practice room facility in Jeju City, and the Plaintiff repeated the same application three times on April 24, 2003, and filed a civil petition closure based on the repetition of Enforcement Decree of the Civil Petitions Treatment Act and the treatment of duplicate civil petitions (hereinafter “instant disposition”).

C. The storeOOO of this case is installed with interior walls, etc., such as soundproof walls (the timber attached inside concrete walls) to operate a amnoo teaching institute, and with dynasium, lusium, office books, and entrances (the place offs), and there is no space being used entirely regardless of a music institute. The exclusive use area on the building registry of this case dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium 65.52 square meters of the area calculated on the basis of the centerline of the building outer wall pursuant to Article 119(1)2 of the Enforcement Decree of the Building Act.

2. Whether the instant disposition is lawful

A. The parties' assertion

The Plaintiff asserts that the Defendant’s disposition of this case, which rejected the application for registration of change of the location of the instant commercial building on the ground that the exclusive area of the instant commercial building is 65.52 square meters on the building ledger, and even if only the inner wall area is 61.50 square meters, it satisfies 60 square meters or more, which is the facility standard of the musical institute’s practice room, but the Defendant’s public official measured the indoor facility of the instant commercial building ○○○○, as a result of the Defendant’s actual survey of the building building ○○○○, and the usable area was 54.2

In this regard, the defendant asserts that the actual use area of the music private teaching institute in Jeju City is not less than 60 meters according to the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, the Enforcement Rule of the same Act, the Ordinance on the Establishment and Operation of Jeju-do Private Teaching Institutes and Extracurricular Lessons, and that the standard area of such facilities is the area calculated by measuring the inner wall area between the inner wall area of the relevant facility. In light of the above purport of the above provision, the above standard area of facilities refers to the area that can be used actually excluding the area where the inner wall and the inner wall are measured, and the inner wall is protruding away from the columns or walls, and therefore, the standard area of facilities of the music private teaching institute is less than 60 square meters since the actual use area after installing the facilities such as soundproof walls is less than 60 square meters.

(b) Relevant statutes;

Attached Form is as shown in the attached Form.

C. Determination

The purpose of the Act on the Establishment and Operation of Private Teaching Institutes and the Establishment and Operation of Private Teaching Institutes of Jeju-do and the Ordinance on the Establishment and Operation of Private Teaching Institutes of Jeju-do is to create a good-quality educational environment by providing the users of private teaching institutes with the smallest learning facilities to be provided. As such, the area determined in the above facility standards refers to the area that can be used as a practical system other than the area on the public register such as building ledger. Article 7 of the Enforcement Rule of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons provides that the basic area of the facility shall be the area calculated by measured the inner wall area of the facility. Meanwhile, Article 8 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons of Jeju-do provides that the lower limit of the size of the facility shall not be set so as to allow the establishment and operation of private teaching institutes by the municipal ordinance, while excessively strictly applying the facility standards, it would result in excessive infringement of individual freedom of business, and thus, it should not be unilaterally regulated in harmony with individual freedom of business.

In this case, it is necessary to install educational equipment or interior equipment for education at a certain level in the operation of a private teaching institute. In particular, in the case of music institutes such as this case, it is necessary to install interior equipment such as noise leakage prevention and soundproof walls for the prevention of damage to the surrounding environment in order to educate a high quality and prevent damage to the surrounding environment. However, these facilities are provided for the operation of a private teaching institute. In the end, these facilities are ultimately offered for the operation of a private teaching institute. Since these facilities cannot be deemed to be essentially different from pianian, books, chairs, and other learning tools and equipment provided for the operation of a private teaching institute, the area of the facilities occupied by the facilities shall be deemed to be the area actually used for the operation of a private teaching institute. Furthermore, the "area between inner walls stipulated in the Enforcement Rule of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons means the area between inner walls before attaching a soundproof walls, etc. on the wall surface, and the area of the facilities in this case shall be deemed to be unlawful in light of the purpose of the above Act including excessive facility standards and prohibition.

3. Conclusion

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so decided as per Disposition to cancel the disposition of this case and cancel it.

OO (Presiding Judge)

EO

YO

Government-Related Acts and subordinate statutes

Establishment and operation of private teaching institutes and Extracurricular Lessons Act;

Article 8 (Standards for Facilities) (1) A private teaching institute shall be equipped with and maintain facilities and equipment necessary for teaching and learning according to the standards by unit facilities as determined by the Presidential Decree for each curriculum.

(2) The standards for the size of facilities and equipment by curriculum and by region according to the standards for each type of facility under paragraph (1) may be prescribed by Municipal Ordinance of the Special Metropolitan City, a Metropolitan City, and a Do (hereinafter referred to as "City/Do"). In such cases, the Municipal Ordinance of a Si/Do shall not excessively set the lower limit of the scale of facilities.

Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons

Article 8 (Facilities of Private Teaching Institutes) (1) A private teaching institute shall be established in places suitable for the educational environment and health and sanitation, and it shall be equipped with the following facilities as much as it is necessary for realizing its objective:

1. Teaching rooms or reading rooms: Provided, That a private teaching institute conducting lectures, experiments, practical exercises, practical skills, etc. simultaneously at the same place;

In the case of a private teaching institute that teaches the curriculum prescribed by the Ordinance of the Si/Do, it may not have a lecture room separately; 2. In the case of a private teaching institute that requires experiments, practical training, practical skills, etc., facilities and equipment necessary therefor;

3. Toilets and water supply facilities;

4. Light systems, lighting systems, ventilation systems, air-conditioning and heating systems, soundproof facilities, and fire-fighting systems;

5. Other teaching equipment and facilities necessary for teaching and learning.

(2) A private teaching institute may establish the following facilities necessary for providing learners with convenience:

1. A lecture room, conference room, and office;

2. A learning materials room and a book room;

3. Counseling rooms;

4. Computer rooms;

5. Broadcasting and communications facilities;

6. Sports and entertainment facilities and other convenience facilities.

7. Facilities and equipment necessary for health and sanitation;

(1) The standards for each unit facility referred to in Article 8 (1) 1 through 4 shall be as follows:

1. Lecture: The area of a lecture room shall be not less than 30 square meters and not more than 135 square meters (in the case of a comprehensive team from among the curriculum of an ordinary

It shall be not more than 85 square meters, and the number of persons to be accommodated per square meter shall not exceed 1.2: Provided, That convenience of lessons shall be above.

If necessary, partitions may be used.

2. Inspection room: A reading room shall be not less than 60 square meters in total and the number of persons to be accommodated per square meter shall be not more than 0.8 men and women.

Arrangement shall be made to divide seats by gender: Provided, That a light required for the division of seats by gender or for the convenience of users;

w may be used with partitions.

3. A laboratory and practice room: A unit area of a laboratory and practice room shall be at least 45 square meters: Provided, That the unit area shall be at least 45 square meters:

In the case of partitions, it may be used with partitions.

4. Deleted;

5. Toilets and water supply facilities: they shall be adequate according to the scale of a private teaching institute, and toilets shall be divided by gender.

High, water supply facilities shall, except in cases where water supply is used, be subject to the provisions of Article 5 (3) of the Management of Drinking Water Act.

It shall meet the water quality standards based on the standards;

6. Light systems, lighting systems, ventilation systems, air conditioners, and heating systems: Light systems, ventilation systems, and air conditioners, and health and sanitary systems;

and lighting facilities of a private teaching institute that provides night lessons shall be appropriate, and the lighting facilities of a private teaching institute that provides night lessons shall be 150-luxes of the upper and the black board.

must be more than one person.

7. Soundproof facilities and fire-fighting facilities: Soundproof facilities and cattle meeting the standards for controlling living noise under the provisions of the Noise and Vibration Control Act;

It shall be equipped with facilities necessary for fire prevention and fire-fighting such as fire extinguishing equipment, alarm equipment, escape equipment, etc. under the provisions of the method.

8. Deleted;

9. Deleted;

(2) The kinds of and standards for necessary teaching equipment and facilities under Article 8 (1) 5 shall be prescribed by municipal ordinance of a City/Do.

Ordinance on the Establishment and Operation of Jeju-do Private Teaching Institutes and Extracurricular Lessons

Article 5 (Standards for Facilities) (1) The scale of facilities by teaching curriculum and by region under Article 8 (2) of the Act shall be as specified in attached Table 1.

[Attachment 1] The scale of facilities by each curriculum and district of a private teaching institute

At least 60 square meters in the city of arts (music arts) and at least 50 meters in other areas;

Enforcement Regulations of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;

Article 7 (Standards for Facilities of Private Teaching Institutes) The basic area for facilities referred to in Article 9 of the Decree shall be the area calculated by measuring the area between inner walls of the relevant facilities.