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(영문) 대구지방법원 2020.01.16 2018노4864
학원의설립ㆍ운영및과외교습에관한법률위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is merely a practice hall or a performance hall for the production of personal video works by the Defendant (hereinafter “H”) and by the same club members related to Switzerland and broadcasting dances, and thus does not constitute “private teaching institutes” under Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

Accordingly, H is not subject to registration under Article 6 of the same Act.

2. The ex officio judgment prosecutor applied for changes in indictment in exchange for the facts charged, and the judgment of the court below cannot be maintained as it is, since the subject of the judgment is changed by this court's permission.

The judgment of the court below has such reasons for ex officio reversal, but the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court within the scope of determining the modified facts charged.

3. Judgment on misconception of facts and misapprehension of legal principles

A. 1) The term “private teaching institute” as prescribed by the Private Teaching Institutes Act (amended by Act No. 10916, Jul. 25, 2011) means a private person’s knowledge and techniques (including functions) according to the teaching process for at least 30 days to learners or many unspecified and unspecified persons who are determined by the Presidential Decree.

(i)A facility which teaches arts or provides it as learning places for not less than 30 days (Article 2 subparagraph 1 of the same Act); a person who intends to establish and operate a private teaching institute shall be equipped with certain facilities and equipment and register with the superintendent of education as prescribed by Presidential Decree (Article 6 of the same Act); the establishment and operation of the private teaching institute and the operation of the private teaching institute; the Enforcement Decree of the Private Teaching Institutes Act (amended by Presidential Decree No. 23250, Oct. 25, 201; hereinafter referred to as "Enforcement Decree of the Private Teaching Institutes Act");

Article 5 (2) 3 and (3) 3 provide that "a curriculum shall be entered in the "application for registration" and "the attached documents" rules, and Article 3-3 provides that "a curriculum shall be entered in the school."

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