The meaning of “private teaching institutes” subject to registration under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons / In the case of private teaching institutes other than those teaching for infants or disabled persons, whether it is subject to registration under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons even if it is possible to teach knowledge, techniques (including skills) and arts for students at schools under Article 2 of the Elementary and Secondary Education Act after the enforcement of the same Act as amended on July 25, 201 (affirmative)

According to Articles 2 subparag. 1 and 6 of the 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”), Articles 3-3(1) and (2), 5(2)3, and 5(3)3 of the Enforcement Decree of the Private Teaching Institutes Act (amended by Presidential Decree No. 23250, Oct. 25, 201; hereinafter “Enforcement Decree of the Private Teaching Institutes Act”), a private teaching institute subject to registration of the Private Teaching Institutes Act shall be construed to mean only the curriculum or other similar curriculum prescribed in the Enforcement Decree of the Private Teaching Institutes Act or the curriculum included therein, or the facilities provided as learning places under the above item (a).

Examining the aforementioned legal principles and the amendment process, contents, and purport of the provisions of Article 2-2(1)1 of the Private Institutes Act as amended on July 25, 201, and attached Table 2 of the Enforcement Decree of the Private Institutes Act as amended on October 25, 201, in cases of meeting the condition that “facilities which teach knowledge, techniques (including skills; hereinafter the same shall apply) and arts or provide them as learning places according to the curriculum for not less than 30 days,” the school curriculum under Article 23 of the Elementary and Secondary Education Act should be included in the scope of “private teaching institutes for school curriculum”, but after the Private Institutes Act as amended on July 25, 201 enters into force, it should be deemed that the school curriculum was included in “other subjects of school curriculum” under Article 2 of the Elementary and Secondary Education Act without being registered as students.

Articles 2 subparag. 1, 2-2(1)1 and (2), 6, and 22(1)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); Articles 1, 2 subparag. 1, 2-2(1)1, 2-2(2), 6, and 22(1)1 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons; Articles 3-2(1) [Attachment 1] (Article 3-2(2) and (3) of the Enforcement Decree of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (Amended by Presidential Decree No. 23250, Oct. 25, 201); Article 3-2(1) [Attachment 3(1)] (see current Article 3-3(2) and (2) of the Enforcement Decree of the Elementary and Secondary Education Act; Article 3-2(3) of the Elementary and Secondary Lessons Act

Supreme Court Decision 99Do1172 delivered on February 23, 2001 (Gong2001Sang, 809) Supreme Court Decision 2008Do3654 Delivered on July 24, 2008 (Gong2008Ha, 1264)

Defendant

Prosecutor

Changwon District Court Decision 2014No1221 decided September 18, 2014

The judgment of the court below is reversed, and the case is remanded to the Changwon District Court Panel Division.

The grounds of appeal are examined.

1. Article 2 subparag. 1 of the 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”) provides that a private person teaches learners or many unspecified persons with knowledge, techniques (including skills) and arts according to the teaching process for not less than 30 days, or facilities provided as learning places for not less than 30 days (Article 2 subparag. 1 of the same Act); a person who intends to establish and operate a private teaching institute shall complete registration with the superintendent of education under the conditions as prescribed by the Presidential Decree (Article 6 of the same Act); a person who intends to establish and operate a private teaching institute shall establish and operate the private teaching institute; a similar or similar school for the establishment and operation of a private teaching institute; and a person who intends to register the curriculum in accordance with the attached Table 2 subparag. 3 of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes (amended by Presidential Decree No. 23250, Oct. 25, 2011>

According to the above provisions of the Private Teaching Institutes Act and the Enforcement Decree of the Private Teaching Institutes Act, a private teaching institute which is subject to registration of the Private Teaching Institutes Act shall be construed by limiting to mean only the teaching curricula or other similar courses prescribed in attached Table 2 of the Enforcement Decree of the Private Teaching Institutes Act, or the facilities provided as learning places of the above teaching subjects (see, e.g., Supreme Court Decisions 9Do172, Feb. 23, 2001; 2008Do3654, Jul. 24, 2008).

Meanwhile, Article 2-2(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 “former Private Teaching Institutes Act”) classify the types of private teaching institutes into “private teaching institutes for school curriculum” and “private teaching institutes for lifelong education”. Article 2-2(1)1 of the same Act defines “private teaching institutes for school curriculum” as “private teaching institutes for children or persons with disabilities falling under any of the subparagraphs of Article 15(1) of the Early Childhood Education Act, or for teaching curricula falling under Article 23(3) of the Elementary and Secondary Education Act as “private teaching institutes for school curriculum” or “private teaching institutes for school curriculum under Article 23(1) of the former Enforcement Decree of the Elementary and Secondary Education Act (amended by Act No. 10916, Jul. 25, 201; hereinafter “former Private Teaching Institutes”). The curriculum classification of private teaching institutes by type is divided into “private teaching institutes for school curriculum” and curriculum curriculum” (Article 215(1).).

However, Article 2-2(1)1 of the Private Institutes Act, which was amended and enforced on July 25, 201, defines “private teaching institutes for school curriculum” as “private teaching institutes for school curriculum under Article 23 of the Elementary and Secondary Education Act or for the following persons,” and expands the scope of “private teaching institutes for school curriculum” to include “private teaching institutes for school curriculum” as “private teaching institutes for school curriculum” regardless of the details of the curriculum,” and “school students under Article 2 of the Elementary and Secondary Education Act (excluding (a) and persons with disabilities: Provided, That the foregoing shall not apply to cases of learning for employment at private teaching institutes in vocational technical fields for the purpose of vocational education, excluding (c)] [Article 2-2(1)1 of the Elementary and Secondary Education Act], and “private teaching institutes for various schools (see Article 2 of the Elementary and Secondary Education Act) such as elementary schools, middle schools, high schools, and special schools” as “private teaching institutes for school curriculum” under Article 2-2(1)1 of the Enforcement Decree of the Elementary and Secondary Education Act.

The purpose of the Private Teaching Institutes Act is to contribute to the promotion of lifelong education by prescribing matters concerning the establishment and operation of private teaching institutes and promoting the sound development of private teaching institutes (Article 1 of the same Act), and to prescribe matters concerning extracurricular lessons as well as to provide for the registration of private teaching institutes to the superintendent of education (Article 1 of the same Act). The purpose of the Act is to secure high-quality educational services and protect students by having a private teaching institute under the State guide and supervision. The amendment of the Act and the Enforcement Decree thereof is to consider that the need to make the private teaching institutes for elementary, middle and high school students widely subject to regulation under the Private

Examining the aforementioned legal principles, and the process, contents, and purport of the amendment of the Private Institutes Act and the Enforcement Decree thereof, in cases where the conditions that “private teaching institutes prescribed by the Private Institutes Act other than those that teach young children or disabled persons,” namely, “facilities that teach knowledge, techniques (including skills; hereinafter the same shall apply) and arts or provide them as learning places according to the curriculum for not less than 30 days,” the school curriculum under Article 23 of the Elementary and Secondary Education Act should be taught before the Private Institutes Act was amended, but it was included in the scope of “private teaching institutes for school curriculum” and subject to registration under the Private Institutes Act, but after the amended Private Institutes Act was enacted on July 25, 201, it should be deemed that the school curriculum was included in “private teaching institutes for school curriculum” under Article 2 of the Elementary and Secondary Education Act, even if the school curriculum was not completed.

2. A. The summary of the facts charged in this case is that a person who intends to establish and operate a private teaching institute is equipped with facilities and equipment necessary for teaching and learning in accordance with the standards for each unit facility of a City/Do for each curriculum, and is registered with the superintendent of the competent office of education. The Defendant is a person who operates a party branch (hereinafter referred to as “instant party branch”) in the Gyeong-dong, Gyeongnam-gun (hereinafter address omitted), and the Defendant did not register with the superintendent of the competent office of education from February 2, 2004 to July 11, 2013, and established and operated a private teaching institute for school curriculum with accommodation facilities, such as teaching English and academic subjects for the purpose of education, guidance of education, and examination, for elementary and middle school students, without registering with the superintendent of the competent office of education from February 2004 to July 2013.

B. The lower court acquitted the Defendant of the charges of this case on the ground that it is difficult to view that the Defendant operated the “private teaching institute” under the Private Teaching Institutes Act, by taking account of the following: (a) even though the Defendant provided the education for Chinese students who received the education for Chinese students, the primary purpose of which was not the learning for Chinese students themselves; (b) it is difficult to see that the curriculum provided by the Private Teaching Institutes Act and the Enforcement Decree thereof or the curriculum similar thereto or the curriculum included therein was completed; and (c) the act of teach students who returned from the after-school school in this case appears to be merely a part of the course of visiting the students on behalf of his parents; and (d) the tuition fees paid by the parents of the students rather than a consideration for improving the curriculum and academic achievement, deeming that the Defendant operated the “private teaching institute” under the Private Teaching Institutes Act.

3. However, the above determination by the court below is difficult to accept in light of the legal principles as seen earlier.

After the enforcement of the amended Private Institutes Act on July 25, 201, it shall be deemed that even if a school curriculum is not taught for students of a school under Article 2 of the Elementary and Secondary Education Act, it is subject to registration as a “private teaching institute for school curriculum” under the Private Institutes Act even if it is not taught for students of a school. According to the records, the Defendant can find out the fact that he/she taught elementary school students and middle school students of this case, such as the gold or name of the Chinese class, and the concept of the Do class based on the school class. Thus, from July 25, 2011, the instant letter constitutes a private teaching institute for school curriculum for students of a school under Article 2 of the Elementary and Secondary Education Act [Article 2-2 (1) 1 (c) of the Private Institutes Act] and thus, it is reasonable to deem that the instant letter constitutes a subject of registration under Article 6 of the Private Institutes Act.

Therefore, the lower court should have deliberated and determined whether the Defendant’s act constitutes the establishment and operation of a non-registered private teaching institute under Article 22(1)1 of the Private Teaching Institutes Act on the premise that the part of the facts charged after July 25, 2011 among the facts charged in the instant case is subject to registration as a private teaching institute under the Private Teaching Institutes Act.

Nevertheless, without examining the purport of the amendment of the Private Institutes Act as above, the lower court rendered a not-guilty verdict on all the charges of this case solely on the ground that it is difficult to deem that the curriculum under the Private Institutes Act and the Enforcement Decree thereof was completed without examining the purport of the amendment. In so doing, the lower court erred by misapprehending the legal doctrine on the curriculum and subject of registration under the Private Institutes Act, thereby adversely affecting

Meanwhile, among the lower judgment, the part on the violation of the Private Institutes Act after July 25, 201 should be reversed for the aforementioned reasons. Since this part is related to the remaining facts charged, the lower judgment should be reversed in its entirety.

4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok (Presiding Justice)