1. The defendant's disposition to revoke the rejection of application for registration of establishment and operation of a driving school against the plaintiff on December 8, 2015.

2...

1. Details of the disposition;

A. On December 1, 2015, the Plaintiff filed an application for registration of a private teaching institute under Article 6 of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 13805, Jan. 19, 2016; hereinafter “Private Institutes Act”) with the Defendant on the basis of the purpose of “dances sports institute business”, “B private teaching institute”, and “dances sports (five kinds of nicotine, five kinds of dances).”

B. On December 8, 2015, the Defendant rejected the Plaintiff’s application for registration of a private teaching institute (hereinafter “instant disposition”) on the ground that the dance institute constitutes a dance institute business teaching international standard dance under Article 10 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”); and that the Plaintiff is excluded from the registration of a private teaching institute under attached Table 2 under Article 3-3 [Attachment 2] of the Enforcement Decree of the Private Institutes Act.

C. The Plaintiff filed an administrative appeal with the Incheon Metropolitan Office of Education Administrative Appeals, but the Administrative Appeals Commission dismissed the Plaintiff’s claim on April 20, 2016.

[Ground of recognition] Facts without dispute, Gap 1-2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s summary of the Plaintiff’s assertion is a kind of private teaching institute under Article 2 subparag. 1 of the Private Institutes Act, the Plaintiff is obligated to register pursuant to Article 6(1) of the Private Institutes Act.

대법원은 체육활동에 이용할 목적이 아니라 국제표준무도(볼룸댄스) ‘국제표준무도(볼룸댄스)’라 함은 국제적으로 운동종목으로 취급되는 표준무도인 볼룸댄스로서 국제댄스스포츠연맹(IDSF, International Dance Sport Federation)이 댄스스포츠라고 칭하는 경기용 춤 10종목, 즉 왈츠(waltz), 탱고(tango), 퀵스텝(quickstep), 폭스트롯(fox-trot), 빈왈츠(Viennese waltz) 등 5개 종목의 모던스탠더드 볼룸댄스(Modern Standard Ballroom Dance)와 룸바(rhumba), 차차차(cha cha cha), 삼바(samba),...