The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Of the definition of “private teaching institutes” under Article 2 subparag. 1 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “the Private Teaching Institutes Act”), the concept of “non-specific majority” is applied to “consulting or remote lectures for entering a higher level school” added to the definition of a private teaching institute in accordance with the amendment of the law in 2011, and thus, it does not apply to C in the management of Defendant, and the foregoing technology center is not a facility that teaches more than the number prescribed by the Presidential Decree (i.e., 10 students) or provides it as a learning place, and thus, the instant facts charged in the instant case is not guilty. However, the lower court erred by misapprehending the legal doctrine, which found the aforementioned technology center guilty of its non-guilty by deeming it as a facility that teaches many unspecified students with knowledge, skills, etc. according to the teaching process for not less than 30 days.

2. The summary of the facts charged is a person who operates a private teaching institute with the trade name “C” in Sejong Special Self-Governing City B.

Anyone who intends to establish and operate a private teaching institute shall register with the superintendent of the competent office of education.

However, the Defendant did not register with the superintendent of the competent office of education from May 2015 to June 23, 2015, and installed two practical training rooms with electric tools in the first floor of a size of 63.27 square meters at the above place, and one office together with the living room, and received KRW 70,000 per day from eight persons, such as D, and operated the said private teaching institute.

3. Determination

A. Article 2 Subparag. 1 of the former Private Teaching Institutes Act (amended by Act No. 10916, Jul. 25, 2011; hereinafter “former Act”) provides “a private person with knowledge, techniques (including skills; hereinafter the same shall apply) and arts to students who are at least the number determined by Presidential Decree for at least 30 days according to the teaching curriculum (including where the number of teaching days becomes at least 30 days by repeating the teaching curriculum; hereinafter the same shall apply) or to provide them as learning places for at least 30 days.”