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(영문) 부산지방법원 동부지원 2016.05.23 2016고정171
초ㆍ중등교육법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the head of the E church who is a director of the D church located in Busan Southern-gu C.

1. Any person who intends to establish a private school in violation of the Elementary and Secondary Education Act shall obtain authorization from the superintendent of the competent office of education, and shall not use the name of the school or recruit students without obtaining authorization for the establishment of the school and operate the facilities in de facto form of a school;

Nevertheless, on October 2013, the Defendant established an alternative school with the name of "E" on the second floor of the above D church without obtaining authorization for the establishment of a private school from the superintendent of the Office of Education in Busan Metropolitan City, Busan, and operated it in the form of a school by inviting students of the curriculum of high school.

2. Any person who violates the Building Act shall, when he/she intends to alter purposes of a building, obtain permission or report thereon from the competent authorities;

D A church is a religious facility belonging to “cultural and assembly facility group” under the Building Act. Thus, in order to change part of the above church facility to an educational and research facility belonging to “Gun of educational and welfare facilities” under the Building Act, a report on the change of use of the building shall be filed with the head of a Si/Gun/Gu

Nevertheless, on March 3, 2006, the Defendant obtained approval to use the said D church for a religious facility on the use of the religious facility, and on October 2013, on the second floor of the above D church, the Defendant failed to report in advance to the head of Nam-gu Busan, while installing 3 partitions, 2 partitions, 1 partitions, 1 partitions, and 1 partitions of the reading room, and changing the purpose of use into the educational and research facility by using the steel frame and light-type panel on the second floor of the above D church on October 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A protocol concerning the examination of each police officer against the defendant or G;

1. Business report (on-site verification report on a non-violationed building);

1. Application of Acts and subordinate statutes to a investigation report (H in the Busan City/Do Office of Education);

1. Article 67(2)1 and Article 4(2) of the Elementary and Secondary Education Act (unauthorized) concerning criminal facts and Article 67(2)2 of the Elementary and Secondary Education Act (unauthorized.

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