The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the lower court found the Defendant not guilty of the instant facts charged on the ground that the concept of “private teaching institute” under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) was excessively limited, although the Defendant operated a private teaching institute which teaches remotely by using information and communications technology, etc., and thus, acquitted the Defendant of the instant facts charged.

2. A person who intends to establish and operate a private teaching institute shall register his/her personal information, curriculum, list of instructors, tuition fees, facilities, etc. with the superintendent of education by entering them in the application for registration of establishment and operation of the private teaching institute;

Nevertheless, the Defendant registered the business with the trade name C on December 21, 2011, and had an office in Changwon-si member D without being registered with the competent office of education until now, operated a remote lecture for examination and public notice.

3. Determination

(a) "A private teaching institute" under Article 2 subparagraph 1 of the Act of a private teaching institute means a teaching of knowledge, techniques, or arts to students or many unspecified persons, the number of which is at least the number determined by Presidential Decree, based on the teaching process for at least 30 days (including where a private person provides guidance, such as consultation, necessary for entering a higher school and where a private teaching institute

The term "facilities" means facilities provided as learning places for at least 30 days or longer.

Article 6 (1) of the same Act provides that "A person who intends to establish and operate a private teaching institute shall have the facilities and equipment under Article 8 and shall register with the superintendent of education by entering the personal information of the founder, curriculum, list of instructors, tuition fees, facilities and equipment, etc. in the application for registration of the establishment and operation of the private teaching institute, as prescribed by Presidential Decree.

The same shall apply where it is intended to change the curriculum, list of instructors, tuition fees, etc. among the registered matters, and other matters prescribed by Presidential Decree.

“......”

B. The lower court’s judgment.