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(영문) 대구지방법원 2014.07.25 2012구합3806
교습비등조정명령취소
Text

1. The Defendant’s successor to Plaintiff A, B, C, D, E, and Plaintiff F on July 10, 2012 to G Co., Ltd.

Reasons

1. Details of the disposition;

A. Plaintiffs A, B, C, D, E, and Plaintiff F’s succeeding Intervenor G Co., Ltd. (hereinafter “Plaintiffs”) operate each of the private teaching institutes listed in the “the name of a private teaching institute” in the attached list that educates elementary, middle, and high school students in the Defendant’s jurisdiction, including Korean language, English, academic, scientific, etc. (hereinafter “each of the private teaching institutes of this case”).

B. On February 24, 2012, the Defendant confirmed the standards for the adjustment of tuition fees of private teaching institutes and teaching schools (hereinafter “private teaching institutes, etc.”) within the jurisdiction (hereinafter “the instant adjustment standards”) as stated in the attached table of adjustment standards, following deliberation by the Mediation Committee for Teaching Fees, etc. (hereinafter “Mediation Committee”) under Article 17 of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Mediation Committee”).

C. On March 9, 2012, the Defendant: (a) prepared a registration statement (report) of tuition fees, etc. and notified the Defendant of the modification thereof by March 23, 2012 to the head of the private teaching institute within his/her jurisdiction, including the Plaintiffs; and (b) accordingly, the Plaintiffs determined tuition fees (hereinafter “each of the instant tuition fees”) and submitted a registration (report) as indicated in the attached list “application for adjustment” column.

On April 4, 2012, the Defendant requested the Plaintiffs to submit relevant documentary evidence, such as the statement of tuition fees, cash account books, copies of cash account books, financial statements, sales cards and cash receipt tables, loan repayment certificates, loan repayment certificates, lease contract certificates, copies of the student register, the current status of instructors and the current status of payment of tuition fees, on the grounds that each of the instant tuition fees exceeds the instant adjustment standard, and the Plaintiffs submitted the said documentary evidence to the Defendant, respectively.

E. In order to determine whether the tuition fees are excessive for private teaching institutes within the jurisdiction including the Plaintiffs, which exceeded the instant adjustment standard on June 5, 2012, the Defendant shall set the unit tuition fees by item after deliberation by the Mediation Committee.

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