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

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below affirmed the judgment of the court below which found the Defendant to have maintained the judgment of the court below by applying Article 9 (2) 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 Act”), on December 10, 2009, the Defendant was notified of a summary order of a fine of KRW 50,000 on the charge of violating the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons on December 15, 2010, which became final and conclusive on the charge of violating the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons.

However, on January 28, 2014, the Constitutional Court rendered a decision of unconstitutionality on the constitutional complaint filed by the Defendant (201HunBa252), that “The part concerning Article 9(1)4 of the Private Institutes Act in the main sentence of Article 9(2) of the Private Institutes Act is unconstitutional” (hereinafter “instant decision of unconstitutionality”).

Therefore, inasmuch as “the part concerning Article 9(1)4 of the Private Teaching Institutes Act” becomes null and void due to the decision of unconstitutionality, the registration of the previous private teaching institute, which the Defendant had rendered to the competent authority pursuant to Article 6(1) of the Private Teaching Institutes Act, shall be deemed null and void on the ground that its punishment becomes final and conclusive.

Thus, the period mentioned in the facts charged of this case shall be transferred or the period.