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(영문) 서울남부지방법원 2017.07.05 2017고단535
학원의설립ㆍ운영및과외교습에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “F” to host a self-employed learning camp for middle and high school students in the Embak-gun of Gangwon-do.

Anyone who intends to establish and operate a teaching school shall report to the superintendent of education the personal information of the reporter and the operator of the teaching school, the name and location of the teaching school, the subject, the tuition fees, etc. after entering them in the report on the establishment and

Nevertheless, from July 24, 2016 to August 13, 2016, the Defendant held “G” in a way to teach general subjects, such as English and academic studies, after receiving tuition fees of KRW 2,480,00 per 1 student among 300 students who are recruited across the country and receiving tuition fees of KRW 2,480,00 per 1 student.

Accordingly, the Defendant established and operated a teaching school without reporting it to the superintendent of education.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. Investigation report (Attachment of printed materials related to the facts charged in the F car page), investigation report (Attachment of camping notice and photographs of precautions)

1. A written accusation;

1. Application of statutes on field photographs;

1. Article 22 (1) 3 and Article 14 (1) of the Act on the Establishment and Operation of Private Teaching Institutes for Criminal Facts and the elective Teaching Institutes for Preliminary Punishment, and Article 22 (1) 3 and Article 14 (1) of the same Act (Appointment of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. In order for the Defendant to constitute a teaching school under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”), the Defendant’s summary of the allegation is “act of school habits” for the students participating in the instant camp. However, it is practically impossible to teach ordinary subjects, such as English and academic studies by gathering more than 300 students, whose school year and practical ability are 300 students per thousand per correspondence, on the platform, as well as teaching activities have been conducted.

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