The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 2 subparag. 1 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) defines private teaching institutes as “private teaching institutes that provide knowledge, techniques (including skills) and arts to students or many unspecified students for not less than the number prescribed by the Presidential Decree for not less than 30 days or to provide them as learning places for not less than 30 days” (Article 2 subparag. 1 of the Act), and classify the kinds of private teaching institutes into private teaching institutes for school curriculum and private teaching institutes for lifelong education or vocational training, and classify them into “private teaching institutes for school curriculum under Article 23 of the Elementary and Secondary Education Act” or “private teaching institutes for students with disabilities falling under any subparagraph of Article 15(1) of the Early Childhood Education Act, students of schools under Article 2 of the Elementary and Secondary Education Act for vocational education (excluding cases where private teaching institutes are taught for employment at private teaching institutes in vocational technical field which provide vocational education)” (Article 2-2(1)1 of the same Act and classify them as “private teaching institutes for lifelong education or vocational training” by type.

(Article 2-2(2). According to the delegation, Article 3-3(1) [Attachment 2] of the Enforcement Decree of the Private Institutes Act classified the curriculum for each type of private teaching institute by field and department. Of them, a private teaching institute for school curriculum provides for “dance” as one of the curriculum for the teaching of arts in the arts field, and for a private teaching institute for lifelong education or vocational training, it lists “dances” as one of the curriculum for the teaching of arts in the art field, while stating “dances” as one of the curriculum for the teaching of arts and arts in the art field, it stipulated the proviso on “excluding dance institute business under the Sports Facilities Act” (hereinafter “the proviso on the scope of dance institutes