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(영문) 전주지방법원 2015.12.09 2014구합3720
댄스스포츠학원의 설립, 운영 등록신청 반려처분 취소
Text

1. The Defendant’s disposition to return an application for registration of establishment and operation of a private teaching institute against the Plaintiff on August 29, 2014 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On August 28, 2014, the Plaintiff filed an application with the Defendant for registration of the establishment and operation of a private teaching institute under Article 6(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

(hereinafter referred to as “the instant dance institute”). Purpose of the Plaintiff’s establishment: The name of the dance facility business: the location of the Dores Sports Institute: The type of Ysan-gu and 5th class private teaching institutes in Jeonju-si C: the curriculum of a private teaching institute for lifelong education and vocational training (e.g., dic-5 items): the dance sports (e., dic-5 items).

B. On August 29, 2014, the Defendant rendered the instant disposition against the Plaintiff on the ground that “dances sports institutes are not subject to registration with the Office of Education in accordance with the Private Institutes Act, but fall under sports facility business to be reported to the competent Gu office in accordance with the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”).

C. The Plaintiff appealed and sought revocation of the instant disposition to the Jeollabuk-do Education Administrative Appeals Commission, but was dismissed on December 3, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. 원고의 주장 원고가 등록, 운영하고자 하는 이 사건 댄스학원은 국제표준무도(볼룸댄스)를 교습 또는 학습하는 장소로서 학원법상 학원의 요건을 구비하고 있음에도 그 등록신청을 반려한 피고의 이 사건 처분은 위법하므로 취소되어야 한다.

3. Entry in the attached Form of relevant Acts and subordinate statutes;

4. Determination

(a) The purpose of the Sports Facilities Act is to contribute to the improvement of citizens’ health and the good use of their leisure time by encouraging the installation and use of sports facilities, which are continuously used for sports activities, and incidental facilities, and by promoting the sound development of sports facilities business, while the Private Institutes Act, which is a private teaching institute where a private person teaches learners with knowledge, techniques, and arts or provides them as a learning place;

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