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(영문) 수원지방법원 2020.04.22 2019고정1630
사립학교법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a private school manager who operates the “C”, a private school located in Heung-gu Seoul Metropolitan Government B.

The chief director of a school juristic person or a manager of a private school shall comply with an order of submission of reports, books, documents, etc. requested by the competent office of education to a school juristic person or private school support organization as necessary for supervision.

Nevertheless, on April 16, 2019, the Defendant was notified of a comprehensive audit plan for the above private kindergarten by the Gyeonggi-do Office of Education, which is the Office of Education having jurisdiction over the above private kindergarten. From April 23, 2019 to May 3, 2019, the Defendant did not comply with an order issued by the above Office of Education to submit data necessary for supervising the kindergarten operational status, such as the list of the teachers and staff, data related to the collection and receipt of expenses, disbursement books, school meal operation log, and disbursement evidentiary documents, etc., to conduct a specific audit on the above private kindergarten.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation place, the notice of a specific audit plan (specific), the submission of data related to private lien (specific) audits and inspections;

1. Article 73 subparagraph 4 of the Private School Act and Articles 48 and 51 of the Private School Act concerning facts constituting an offense, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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