logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1979. 12. 26. 선고 79누176 판결
[사설강습소폐쇄명령무효확인][공1980.3.1.(627),12552]
Main Issues

Measures taken to close a reading room on the ground of male and female concurrent seat shall be lawful.

Summary of Judgment

In accordance with the supervisory authority under Article 7 of the Private Teaching Institutes Act, a measure that prohibits concurrent seats between men and women is legitimate and this is aimed at creating a school environment, and there is no discrimination on the basis of gender status. Thus, the measure that orders the closure of a reading room due to the violation of the above measure is legitimate.

[Reference Provisions]

Articles 7 and 8 of the Private Teaching Institutes Act

Plaintiff, the deceased and the deceased

[Judgment of the court below]

Defendant-Appellee

Attorney Jeon Young-deok, Counsel for the Superintendent of Seoul Metropolitan Government Education Committee

Judgment of the lower court

Seoul High Court Decision 78Gu60 decided May 1, 1979

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The grounds for appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment of the court below, since the defendant ordered the plaintiff to close the reading room at the place of ○○○ on August 29, 197, the above disposition was taken by the plaintiff, and the tuition fees exceeded the above reading room, and there is no dispute between the parties regarding the prohibition of punishment for corruption that the defendant issued under Article 8 (1) 9 of the Private Teaching Center Act and the above Act was violated, and since the plaintiff violated the above provision of Article 7 of the Administrative Litigation Act and the above provision of Article 3 of the same Act, the court below's order of prohibition against reading room at the above reading room at the same time on July 13, 197 (4 persons remaining five, under the evidence of the judgment of the court below) that the plaintiff violated the above provision of Article 7 of the same Act and the above order of prohibition against reading room at the time of the above reading room at the same time, the court below's order of prohibition against the plaintiff's establishment of the above private teaching room at the same time under Article 3 of the same Act is justified.

In the end, the theory of lawsuit is without merit, because it is against facts and independent opinions different from the original judgment's approval, which is based on the evidence that the court below lawfully rejected.

Therefore, the appeal is dismissed. The costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Presiding Justice (Presiding Justice)

arrow