Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Any person who intends to establish and operate a private teaching institute shall register with the competent administrative agency.

From December 11, 2009 to August 201, 2010, the Defendant, without the registration of the competent authority, prepared approximately 94 lecture rooms and offices on the C and the 2nd floor of Jeju city from around December 11, 2009, and recruited approximately 150 students to operate the “D Nursing Institute” while having five instructors.

Judgment

Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the "Act") provides that "a person who intends to establish and operate a private teaching institute shall register with the superintendent of education with facilities and equipment, as prescribed by Presidential Decree." Article 22 provides that "a person who establishes and operates a private teaching institute without registration pursuant to Article 6 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won."

In addition, Article 9(1)4 of the instant Act provides that “No person for whom one year has not passed since he/she was sentenced to a fine due to a violation of the instant Act shall register the establishment and operation of a private teaching institute under Article 6,” and Article 9(2) of the instant Act provides that “Where a founder and operator of a private teaching institute falls under any of subparagraphs of Article 9(1), the registration shall lose its validity.”

According to the above provisions, a person for whom one year has not passed since he was sentenced to a fine in violation of the law of this case cannot register the establishment and operation of a private teaching institute, and if a person who had already registered the establishment and operation of a private teaching institute was sentenced to a fine in violation of the law of this case and was sentenced to a fine, the registration of establishment and operation of the private teaching institute

Therefore, if a person who registered the establishment and operation of a private teaching institute has been sentenced to a fine and operated the private teaching institute within one year, this constitutes a case where a person who did not register the establishment and operation of the private teaching institute operates the private teaching institute, and thus, the person is punished pursuant to Articles 22 and 6(1)