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(영문) 서울행정법원 2019.07.25 2018구합53726
교습비조정명령취소 등 청구의 소
Text

1. On December 21, 2017, the Defendant’s order to adjust tuition fees issued to the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiffs are individuals or companies operating each pertinent reading room in the form of a store or direct store of “A” and “B” as indicated in the attached Table 2 in Gangnam-gu Seoul and Seocho-gu.

B. Around 2017, the Plaintiffs filed an application for change of tuition fees with the content that increases the tuition fees (peruse fees) of the reading room operated by them to the Defendant as stated in the “amount of the application for change” column in the attached Table 2.

(hereinafter referred to as the plaintiffs' tuition fees for which they applied for registration of change. (C)

After deliberation by the Mediation Committee, on December 21, 2017, the Defendant issued an order to adjust tuition fees to the Plaintiffs pursuant to Article 15(6) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) and Article 17-2(1) of the former Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Presidential Decree No. 29370, Dec. 18, 2018; hereinafter “former Enforcement Decree of the Private Teaching Institutes Act”), on the grounds that the Plaintiffs’ reported tuition fees are excessive.

(hereinafter collectively referred to as the "disposition of this case"). . [The grounds for recognition] did not dispute, Gap evidence Nos. 1, 2, and 4 (which include each number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion that the tuition fees are excessive pursuant to Article 15 (6) of the Private Institutes Act can be ordered to adjust the tuition fees. Here, "a case where it is deemed excessive" means a case where the tuition fees significantly exceed the appropriate level in light of social norms.

However, the defendant's reported tuition fees significantly exceed the level of appropriate tuition fees under social norms.

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