1. The disposition that the Defendant rendered to the Plaintiff on November 20, 2015 rejecting the application for registration of establishment and operation of a private teaching institute shall be revoked.

2. The costs of lawsuit shall be.

Details of the disposition

On November 16, 2015, the Plaintiff filed an application with the Defendant for registration of the establishment and operation 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 referred to as the “private teaching institute Act”) by providing that “the purpose: dance institute business, name: Do dancing Sports Institutes, type of private teaching institutes: Private teaching institutes for lifelong education and vocational training, and curriculum: dance sport (for 5 kinds of nicotine, 5 kinds of dances),” with the Plaintiff.

On November 20, 2015, the Defendant rejected the said application on the ground that the instant dance institute did not constitute a facility that can be registered as a private teaching institute for lifelong education or vocational training pursuant to attached Table 3-3(1)2 of the Enforcement Decree of the Private Institutes Act, but should be reported as a sports facility business (a dance institute business) pursuant to Article 10 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) and attached Table 2 of Article 6 of the Enforcement Decree of the same Act.

(2) The Plaintiff’s establishment and operation of a dance sports institute under Article 2 subparag. 1 of the Private Institutes Act is a private teaching institute under Article 2 subparag. 1 of the Private Institutes Act, and the Defendant is obligated to register pursuant to Article 6(1) of the Private Institutes Act, since the Plaintiff’s establishment and operation of a dance institute is a private teaching institute under Article 2 subparag. 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), 파소도블레(paso doble), 자이브(jive) 등 5개 종목의 라틴아메리카...