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(영문) 대법원 2017.02.09 2014도13280
학원의설립ㆍ운영및과외교습에관한법률위반
Text

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

Reasons

The grounds of appeal are examined.

1. The term "private teaching institute" under the Act on the Establishment and Operation of Private Teaching Institutes and the Teaching of Extracurricular Lessons (amended by Act No. 10916, Jul. 25, 201; hereinafter "the Private Teaching Institutes Act") means a private person or an unspecified number of students, who teach knowledge, techniques (including skills) or arts according to the teaching process for not less than 30 days, or a facility provided as a learning place for not less than 30 days (Article 2 subparagraph 1 of the same Act); a person who intends to establish and operate a private teaching institute, who intends to establish and operate a private teaching institute, shall complete registration with the superintendent of education under the conditions as prescribed by the Presidential Decree (Article 6 of the same Act; the establishment and operation of a private teaching institute and teaching of extracurriculars (amended by Presidential Decree No. 23250, Oct. 25, 201; hereinafter "the Enforcement Decree of the Private Teaching Institutes Act") provides that an application for registration by type under Article 5 (2) 3 and attached Table 3.

The registration of the curriculum shall be the curriculum that is most similar to the classification under attached Table 2 or that can include the contents of the curriculum.

Following the provisions of paragraph 2) of "(paragraph 2), each course of study is classified and listed in [Attachment 2].

According to the above provisions of the Private Teaching Institutes Act and the Enforcement Decree of the Private Teaching Institutes Act, a private teaching institute which is subject to registration of the Private Teaching Institutes Act shall be construed by limiting it to mean only the curriculum in which it is established or similar, or the curriculum in which it is included, or the facility provided as a learning place of the above subject (see, e.g., Supreme Court Decisions 9Do1172, Feb. 23, 2001; 2008Do3654, Jul. 24, 2008).

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