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(영문) 전주지방법원 2015.09.02 2014구합3317
댄스스포츠학원의설립.운영등록신청반려처분취소
Text

1. The Defendant’s disposition of rejecting an application for registration of establishment and operation of a private teaching institute against the Plaintiff on August 7, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On July 29, 2014, the Plaintiff filed an application with the Defendant for registration of the establishment and operation of a private teaching institute under Article 6(1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

(hereinafter referred to as “the instant dance institute”). Purpose of the Plaintiff’s establishment: The location of a dance institute business: The type of Doc and 2-story private teaching institutes for lifelong education and vocational training (e.g., Doctrine c and 5): the dance sports (e.g., dic 5 items):

B. On August 7, 2014, the Defendant rendered the instant disposition against the Plaintiff on the ground that it is impossible to register the Plaintiff’s application on the ground that it constitutes a dance institute business under the Installation and Utilization of Sports Facilities Act (hereinafter “Sports Facilities Act”) rather than a curriculum prescribed in attached Table 2 of the Enforcement Decree of the Private Institutes Act, and constitutes a dance institute business under the Installation and Utilization of Sports Facilities Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. 원고의 주장 원고가 등록, 운영하고자 하는 이 사건 댄스학원은 국제표준무도(볼룸댄스)를 교습 또는 학습하는 장소로서 학원법상 학원의 요건을 구비하고 있음에도 그 등록신청을 반려한 피고의 이 사건 처분은 위법하므로 취소되어야 한다.

3. Entry in the attached Form of relevant Acts and subordinate statutes;

4. Determination

A. The purpose of the Sports Facilities Act is to contribute to the promotion of citizens’ health and good use of their leisure time by encouraging the installation and use of sports facilities, which are continuously used for sports activities, and ancillary facilities, and by ensuring the sound development of the sports facilities business. On the other hand, the Private Institutes Act aims to contribute to the promotion of lifelong education by prescribing matters concerning the establishment and operation of private teaching institutes, which are facilities where private students teach knowledge, techniques, and arts or which are provided as learning places, in order to promote the sound development of private teaching institutes.

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