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(영문) 서울행정법원 2020.07.17 2019구합4622
교습정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who operates a “private teaching institute” (hereinafter “instant private teaching institute”) registered as a private teaching institute for school curriculum (tuition: curriculum and other curriculum) pursuant to the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

B. On June 19, 2019, the Defendant ordered the Plaintiff to suspend teaching for 45 days pursuant to Article 17 of the Private Institutes Act, on the ground that the Plaintiff violated the Private Institutes Act, including “(10 points for registration of change of tuition fees, etc. (10 points), operation of teaching curricula (35 points), and false entry (5 points) in the curriculum book (5 points)” while operating the instant private teaching institute.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The purport of the Plaintiff’s assertion is to revoke the instant disposition, as follows, because the grounds for disposition do not exist or it is unlawful by abusing or abusing discretionary power.

1) “Extension” is a comprehensive arts that includes drama, music, and pansa, and is established by the instant private teaching institute. The class, such as dance, visible, etc., is an essential part of the “string” forum, which is a registered curriculum, and a part of adult subject teaching is also included in the curriculum of school curriculum, and there is no fact that the Plaintiff did not register the change of tuition fees, but the changed tuition fees are lower than the registered tuition fees, and in light of the purport of the Private Teaching Institutes Act that regulates the collection of excessive tuition fees, etc., it does not constitute “non-registration for the change of tuition, etc.” prohibited by the Private Teaching Institutes Act.

3. The defendant, in the course of responding to the noise complaint filed by the pertinent private teaching institute, has the plaintiff's private interest in minor offenses that can be corrected by administrative guidance, etc.

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