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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. A person who intends to establish and operate a private teaching institute, which has the substance of facts charged, shall register with the superintendent of education his/her personal information, curriculum, name of instructors, tuition fees, facilities, equipment, etc., by entering them in an application for registration of establishment and operation of the
On October 201, the Defendant established and operated a private teaching institute in the Daegu Dong-gu, Daegu-gu, without registering with the superintendent of education, and with the trade name of “D,” 40 elementary school students and middle school students via Internet telephone and video telephone via an information and communications network to teach English language and receive tuition fees of 10-120,000 won per capita.
2. (1) The Defendant asserts that the Defendant did not directly employ instructors and did not operate a private teaching institute under the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).
In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court: ① the Defendant’s form of operating “D” is the form of a student’s access to the above website and choice of instructors and lecture hours, etc. and conversation with the instructor or video in the place of residence of the student, etc. ② the Defendant did not directly conclude an employment contract with the above instructor; ② the Defendant entered into an employment contract with the above instructor; ③ the Defendant did not know how the parties knew and did not know how to communicate; ④ the Defendant paid tuition fees.