1. The Defendant’s disposition to revoke the rejection of application for registration of establishment and operation of a driving school against the Plaintiff on August 4, 2016.

2...

1. Details of the disposition;

A. On July 28, 2016, the Plaintiff filed an application for registration of a private teaching institute under Article 6 of the former Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (amended by Act No. 14164, May 29, 2016; hereinafter “private teaching institute Act”).

B. On August 4, 2016, the Defendant rejected the Plaintiff’s application for registration of a private teaching institute (hereinafter “instant disposition”) on the ground that the Plaintiff’s dance institute constitutes a dance institute business teaching international standard dance dance under Article 10 of the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) and constitutes a sports facility business subject to reporting under Article 10 of the Sports Facilities Act, and is excluded from the registration of a private teaching institute under attached Table 2.

C. On July 27, 2015, the Plaintiff filed an administrative appeal with the Incheon Metropolitan City Office of Education on the instant disposition, but the said claim was dismissed on November 23, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion is a kind of private teaching institute under Article 2 subparag. 1 of the Private Institutes Act, the Plaintiff is obligated to register pursuant to Article 6(1) of the Private Institutes Act.

대법원은 체육활동에 이용할 목적이 아니라 국제표준무도(볼룸댄스) ‘국제표준무도(볼룸댄스)’라 함은 국제적으로 운동종목으로 취급되는 표준무도인 볼룸댄스로서 국제댄스스포츠연맹(IDSF, International Dance Sport Federation)이 댄스스포츠라고 칭하는 경기용 춤 10종목, 즉 왈츠(waltz), 탱고(tango), 퀵스텝(quickstep), 폭스트롯(fox-trot), 빈왈츠(Viennese waltz) 등 5개 종목의 모던스탠더드 볼룸댄스(Modern Standard Ballroom Dance)와 룸바(rhumba), 차차차(cha cha cha), 삼바(samba),...