Defendant

Freeboard J.S.

Law Firm Madro Madro

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

1. Violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;

A person who intends to establish and operate a private teaching institute shall register with the superintendent of education with facilities and equipment.

Nevertheless, from September 2008 to January 201, the Defendant established and operated a private teaching institute without registering the name of “○○○○○○○” on the fourth floor located in Songpa-gu Seoul Special Metropolitan City (number omitted) with 7 classroomss, slocks, etc., and 20 young children aged between 3 and 6 years from every week to 14 p.m., without registering it with the superintendent of education, such as educating the language, stamp, emotional, sense, and physical programs from 10 a.m. to 14 p.m.

2. Infant Care Violation;

A person who intends to establish and operate any nursery other than national or public nursery facilities shall obtain authorization from the head of the Si, etc., and shall not use the name of the nursery facilities or operate it in the form of the nursery facilities.

Nevertheless, the Defendant operated the above “○○○○○○○” in de facto form of a nursery without obtaining authorization as prescribed in paragraph (1) above.

1. Partial statement of the defendant;

1. Legal statement of the Nonindicted Witness

1. A written accusation;

1. Violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;

Article 3-2 (Classification, etc. of Teaching Courses) of the Enforcement Decree of the Private Institutes Act amended by February 29, 2008 (Classification, etc. of Teaching Courses) provides that “The curriculum classification by type of private teaching institute under Article 2-2 (2) of the Private Institutes Act shall be as specified in attached Table 1” (Article 2-2 (1)); “The registration of teaching curricula shall be registered as one which is most similar to the classification under attached Table 1 or may include the contents of the curriculum (Article 2 (2));” and “the founder and operator of a private teaching institute may register and operate two or more teaching courses at one private teaching institute (Article 3).” Accordingly, [Attachment Table 1] provides for the curriculum separate from the “private teaching institute”, “the private teaching institute”, “the reading room”, and “the private teaching institute for children”, and “the private teaching institute for children” as stated in the above evidence. According to the facts acknowledged by the above, the teaching institute subject to young children need to diversify the teaching method in accordance with its understanding ability of the trainee and its purpose.”

2. Points of violation of the Infant Care Act;

The legislative purpose of Article 1 of the Infant Care Act (the purpose of this Act is to protect the mind and body of infants and to foster them as healthy members of the society by providing them with sound education, and their guardians' economic and social activities smoothly, and the definition of "child care" and "child care facilities" (hereinafter referred to as "child care facilities") under Article 2 of the Infant Care Act refers to social welfare services for providing infants healthy and safely and with education suitable for the developmental characteristics of infants; hereinafter referred to as "child care facilities") and the establishment standards for infant care facilities (Article 15 of the Act) and operational standards (Article 24 of the Act) are strictly provided by the above law. In addition, the defendant provided 3 through 6 years of age with regular education for 20 children of 6 years of age, and then received the above regular education for 20 children of 0 p.m. from 2:00 p.m. to 5:0 p.m. of 0 p. of children to 00 p.m., the defendant provided the above infant care facilities with guidance for 5 hours of children.

1. The choice of relevant legal provisions and statutory penalty against the crime;

Articles 22(1)1 and 6(1)(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; Articles 54(3)1 and 13(1)(2) of the Infant Care Act; Selection of each fine

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Grounds for sentencing;

As seen above, even though all facts charged are recognized, the Defendant is the primary offender, and there was an unclear aspect that the provision on the registration of the “○○○○○○” in the Private Institutes Act should be applied to a certain course under the Private Institutes Act, and considering the following circumstances: the Defendant, who placed a 2-4 general infant care teacher on behalf of both spouses, took care of only 2-4 infants, shall be sentenced to a reduction of the fine (3 million won) in the summary order as above.

Judges Kim Chang-chul