1. The Defendant’s disposition to return an application for registration of establishment and operation of a private teaching institute against the Plaintiff on August 23, 2016 shall be revoked.

2...

1. Details of the disposition;

A. On August 22, 2016, the Plaintiff: (a) filed an application for registration of a private teaching institute under Article 6(1) of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 14164, May 29, 2016; hereinafter “Private Teaching Institutes Act”) with the Defendant as “dances sport lessons”; (b) “B dancing Institutes”; (c) the type of private teaching institutes; and (d) dances sports (v) the curriculum.

B. On August 23, 2016, the Defendant returned the said application to the Plaintiff on the ground that according to Article 3-3(1) of the Enforcement Decree of the Sports Facilities Act, the Defendant is allowed to register only dance institutes and dance institutes except dance institute businesses under the Installation and Utilization of Sports Facilities Act (hereinafter “ Sports Facilities Act”), and according to Article 10 of the Sports Facilities Act and Article 6 of the Enforcement Decree of the same Act, dance institute business (a business teaching international standard dance courses after receiving tuition fees, etc.) is obliged to report as sports facility business (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Jeollabuk-do Education Administrative Appeals Commission, but the administrative appeals commission rendered a ruling dismissing the Plaintiff’s claim on October 14, 2016.

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

2. Whether the instant disposition is lawful

A. Since 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)를 교습 또는 학습하는 장소로 이용할 목적으로 시설을 설립ㆍ운영하면서 학원법에 의한 학원의 요건을 구비한 경우에는 체육시설법이 아니라 학원법이 적용된다고 판시한 바 있다.

and other areas;