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(영문) 대구고등법원 2019.01.11 2018누4237
교습비조정명령취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. From April 2016, the Plaintiff established and operated the E Reading Room in Daegu-gu building B, C, and D (hereinafter “E Reading Room”).

B. Around July 2017, the Plaintiff reported the change of tuition fees to the Defendant on the content that the daily tuition fees for the youth in the E Reading Room from 5,800 to 13,000 won, and the monthly tuition fees from 109,000 to 160,000 won (type of imprisonment) and 180,000 (independent type).

(hereinafter referred to as “reported tuition fee”) reported by the Plaintiff.

On December 20, 2017, the defendant, after deliberation by the Mediation Committee, recognized that the tuition fees reported to the plaintiff are excessive, and is called the "Act on the Establishment and Operation of Private Teaching Institutes" and "Act on the Establishment and Operation of Private Teaching Institutes".

Pursuant to Article 15(6) of this Decree and Article 17-2(1) of the Enforcement Decree thereof, an order for adjustment of tuition fees, etc. was issued to change the daily tuition fees to KRW 5,800, and monthly tuition fees to KRW 131,000.

The disposition of adjustment such as the above tuition fees is referred to as the "disposition of this case".

2) Each entry of Gap evidence No. 1, Eul evidence No. 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff applied for the registration of change to the Defendant is not excessive at all.

Therefore, the instant disposition should be revoked as it is unlawful on the ground that there are substantive defects as above.

(b) as shown in the attached Form of the relevant statutes;

C. Relevant provisions and interpretation 1) Article 15(1), (2), (6), and Article 21(1) of the Private Institutes Act and Article 20(1)8, 9, and 11 of the Enforcement Decree thereof are as follows: (i) a founder and operator of a private teaching institute, an operator of a teaching school, or a private extracurricular teacher (hereinafter “operator and operator of a private teaching institute”).

) Tuition fees, etc. (tuition fees, service fees, or tuition fees, etc. which a learningr pays to a founder and operator of a private teaching institute in return for lessons or use of the place of learning, and all other additional payments.

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