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(영문) 대구지방법원 2014.07.25 2012구합3790
교습비등조정명령취소
Text

1. On July 13, 2012, the Defendant issued an order for adjustment of tuition fees, etc. as stated in the separate disposition list against the Plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are operating each of the private teaching institutes listed in the “private teaching institute name” list in the attached Form (hereinafter “each of the private teaching institutes in this case”) that educates elementary, middle, and high school students in Korean language, English, academic, scientific, etc.

B. On February 24, 2012, the Defendant confirmed the standards for the adjustment of tuition fees (hereinafter “instant adjustment standards”) of private teaching institutes and teaching schools within the jurisdiction (hereinafter “private teaching institutes, etc.”) 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 of tuition fees, etc. (report) to the head of a private teaching institute including the Plaintiffs, etc. according to the instant standards; and (b) notified the Defendant of the registration of modification by the 23th of the same month; and (c) the Plaintiffs determined tuition fees (hereinafter “each of the instant tuition fees”) as indicated in the “application for adjustment” column in the attached list.

On April 4, 2012, on the ground that the tuition fees in this case exceed the instant standards, the Defendant requested the Plaintiffs to submit relevant documentary evidence, such as the registration (report) cost account statement, cash account statement, copies of cash account book, financial statements, sales credit cards and cash receipt aggregatings, loan repayment certificates, lease agreement, copy of the student registry, the current status of instructors and copy of the contract, and the current status of the payment of tuition fees, and the Plaintiffs submitted each documentary evidence to the Defendant

E. In order to determine whether the tuition fees are excessive for private teaching institutes within the jurisdiction including the Plaintiffs, which exceeded the instant adjustment standard on June 5, 2012, the Defendant, following the deliberation by the mediation committee, shall be subject to the individual adjustment standard (hereinafter “instant individual adjustment standard”) such as the list of individual adjustment standards with the content of raising the unit tuition fees for each item.

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