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(영문) 서울행정법원 2019.05.10 2018구합65736
교습비조정명령취소
Text

1. The order issued by the Defendant to adjust tuition fees to the Plaintiffs on February 28, 2018 shall be revoked.

2. The costs of lawsuit shall be the participation.

Reasons

1. Details of the disposition;

A. On February 28, 2018, Plaintiff A operated the E Reading room in Seongbuk-gu Seoul Metropolitan Government D and 8, and transferred its goodwill to the Intervenor succeeding to the Plaintiff on February 28, 2018, and Plaintiff B operated the G Reading room in Seongbuk-gu Seoul Metropolitan Government F and 5 floors.

B. On April 2017, the Plaintiffs filed a modified application for registration of tuition fees with the content that the Defendant increases the tuition fees of their reading rooms to KRW 180,000, and KRW 210,000,000.

(hereinafter referred to as the “reported tuition fee”) reported by the Plaintiffs.

After deliberation by the Mediation Committee, on February 28, 2018, the Defendant issued an order to adjust tuition fees to the Plaintiffs pursuant to Article 15 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) and Article 17-2 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree of the Private Teaching Institutes Act”) on the ground that the reported tuition fees are excessive.

(hereinafter “instant disposition”) D.

Plaintiff

On April 11, 2019, the successor intervenor filed an application for intervention in succession to the instant lawsuit. On April 12, 2019, Plaintiff A withdrawn from the instant lawsuit, and the Defendant consented to the withdrawal of Plaintiff A’s lawsuit.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The intervenor succeeding to the Plaintiff and the Defendant of the Plaintiff B’s assertion that tuition fees are excessive pursuant to Article 15(6) of the Private Institutes Act may issue an order to adjust tuition fees.

Here, “a case where it is deemed to be excessive” refers to a case where the level of appropriate tuition fees is significantly higher than that of a reasonable tuition fee in light of social norms.

However, the defendant's reported tuition fees do not significantly exceed the appropriate level of tuition fees under social norms, but they are the adjustment order amount in this case.

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