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(영문) 대구지방법원 2014.07.25 2012구합3417
교습비등조정명령처분취소
Text

1. On July 16, 2012, the Defendant stated the “order for Adjustment” column in the attached list issued against the Plaintiff as stated by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is operating a merchant social graduate school that educates elementary, middle, and high school students (hereinafter “private teaching institute of this case”) in Daegu-gu, the Defendant’s jurisdiction from 518-2, the merchants of the Daegu-gu, Daegu-gu.

B. On February 28, 2012, the Defendant confirmed the standards for the adjustment of tuition fees of private teaching institutes and teaching schools (hereinafter “private teaching institutes, etc.”) within the jurisdiction (hereinafter “the instant adjustment standards”) as stated in the attached table of adjustment standards, following deliberation by the Mediation Committee for Teaching Fees, etc. (hereinafter “Mediation Committee”) under Article 17 of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Mediation Committee”).

C. On March 8, 2012, the Defendant: (a) prepared a registration statement (report) of tuition fees, etc. and notified the Defendant of the modification thereof by March 23, 2012 to the head of the private teaching institute within his jurisdiction, including the Plaintiff; and (b) on the 22th of the same month of the same month, the Plaintiff determined tuition fees (hereinafter “instant tuition fees”) and submitted a registration (report) as indicated in the “application for adjustment” column in the attached list.

On April 6, 2012, the Defendant requested the Plaintiff to submit relevant documentary evidence, such as the statement of tuition fees, cash account books, copies of cash receipts, financial statements, sales cards and cash receipts compiled, loan repayment cards, loan repayment certificates, lease agreement, copy of the student register, the current status of instructors and the current status of payment of tuition fees, on the ground that the instant tuition fees exceed the instant standard for adjustment, and the Plaintiff submitted the documentary evidence to the Defendant on the 25th of the same month.

E. On June 5, 2012, in order to determine whether tuition fees are excessive for private teaching institutes within the jurisdiction, including the Plaintiff, which exceeded the instant adjustment standard, the Defendant, following the deliberation by the Mediation Committee, established individual adjustment standards, such as the list of individual adjustment standards with the content of raising the unit tuition fees for each item (hereinafter “instant individual adjustment standards”).

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