The appeal is dismissed.

The grounds of appeal are examined.

1. As to the violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons

A. According to Article 2 subparagraph 1 of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 10916, Jul. 25, 201; hereinafter “Private Teaching Institutes Act”), “private teaching institutes” means facilities where private persons teach knowledge, techniques (including skills) and arts or provide them as learning places for not less than 30 days according to the curriculum (including where the number of teaching days exceeds 30 days repeatedly due to the repeating of the curriculum) for not less than the number of students determined by Presidential Decree. Article 2-2 of the Private Teaching Institutes Act separates “private teaching institutes for school curriculum” from “private teaching institutes for lifelong education and vocational training” as the type of private teaching institutes, and then classify “private teaching institutes for young children” into “private teaching institutes for school curriculum” under Article 2 subparagraph 1 of the Early Childhood Education Act, and the classification of curriculum by type of such private teaching institutes shall be determined by Presidential Decree.

Accordingly, Article 3-2(1) [Attachment 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. 23250, Oct. 25, 201; hereinafter “Enforcement Decree of the Act”) classify the curriculum by type of private teaching institutes under Article 2-2(2) of the Private Teaching Institutes Act by field and by department. Among them, for a private teaching institute for school curriculum, the term “a foreign language, which is not belonging to the general curriculum and is the subject, the primary subject of which is the young children or the middle, high, high, and high school students,” as the curriculum for the subject of arts, “music, art, dance” as the curriculum for the subject of arts, and “facilities mainly intended for young children or the middle, high, high, and high school students,” as the curriculum for the subject of reading in the reading room in other fields, and Article 2-2(1)1 of the Act as other curriculum for other fields.