Plaintiff

The head of Dong-gu Seoul Metropolitan Government District Office of Education (Attorney Jeong-soo)

April 21, 2004

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On September 20, 2003, the defendant revoked the disposition to return the report of the remote lifelong education facility to the plaintiff.

1. Details of the disposition;

A. The president of the Plaintiff established the Internet △△△ Research Center on the second floor of the ○○ Building located in Dongdaemun-gu, Seoul, Dongdaemun-gu, 2, ○○○ Building for the purpose of conducting online education on the △△△△, a traditional private sector-based corporation (hereinafter “instant educational facilities”).

B. On September 8, 2003, the Plaintiff reported the instant educational facilities to the Defendant as a remote education-type lifelong educational establishment pursuant to Article 22(2) of the Lifelong Education Act (hereinafter “the Act”) and Articles 26 and 27 of the Enforcement Decree of the Act (hereinafter “the instant report”).

C. However, on September 20, 2003, the defendant rejected the plaintiff's report of this case on the ground that it was inappropriate to teach the curriculum, and the defendant stated the reasons for rejection as follows.

[Grounds for Elimination]

(1) According to Article 27 of the Enforcement Decree of the Lifelong Education Act, a remote education-type lifelong educational establishment subject to reporting is a facility that provides education on knowledge, technology, skills, and arts.

(2) The treatment of bedclothes requires high level of expertise and experience, and is a medical practice that seriously affects human body and life.

(3) Article 32 of the Higher Education Act and Article 28 of the Enforcement Decree of the Higher Education Act should be applied to the subject of education, such as bedclothes, which is the subject of medical science, if the subject of education is the subject of education, and the training of similar medical personnel who may be confused with medical personnel can promote unlicensed medical practice.

[Grounds for Recognition] No dispute

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

(1) Article 22(2) of the Act provides that where a person conducts lifelong education, such as conducting distance education, providing various information, etc. in return for tuition fees to many and unspecified persons, the Defendant shall be reported. The instant educational facility intended to be operated by the Plaintiff is a facility providing education on knowledge, technology, and skills related to △△△, and the instant disposition that rejected the Plaintiff’s report of a lifelong educational facility in the form of distance education on the ground that the details of the Plaintiff’s education constitute medical practice is unlawful.

(2) Despite the fact that the instant disposition, which rejected the Plaintiff’s report of a lifelong educational establishment in the form of distance education, is unlawful on the grounds that it violates the principle of equity, even though the current establishment of a lifelong educational establishment, such as the Masters’ University and the Korea National University, is conducting education

(b) Related statutes;

It is as shown in the attached Form.

C. Judgment on the plaintiff's first argument

(1) Character of the instant report

A report is an act that takes effect on public law by notifying an administrative agency of certain matters (fact or concept) and is an act that takes effect on public law, in principle, when a private person's notification is delivered to the administrative agency, and it is not necessary to accept the report by the administrative agency. However, a report under the positive law is a report that is completed only when the procedure to accept the report is performed separately from the report that does not require acceptance by the administrative agency. In the event of a report requiring acceptance, the authority to review and determine the requirements for the report is granted to the administrative agency.

Article 26 of the Enforcement Decree of the Local Education and Human Resources Development Act provides that the report of this case is a facility that provides ten or more unspecified students with education on knowledge, techniques, skills, and arts through visual lectures or Internet lectures for not less than 30 hours after receiving tuition fees for a distance education-type lifelong educational establishment. Article 26 of the Enforcement Decree of the Local Education and Human Resources Development Act provides that the curriculum and fixed number shall be stated in the operating rules to be attached to the report, and Article 27(2) of the Enforcement Decree of the Local Education and Human Resources Development shall issue a certificate of report as determined by the Ordinance of the Ministry of Education and Human Resources Development if the report of this case meets the requirements after reviewing the report. In full view of each of the above provisions, the report of this case is a

(2) Contents of education and whether the educational facilities of this case are permitted

Article 2(1) of the Medical Service Act provides that only a medical doctor, dentist, oriental medical doctor, midwife, or nurse who has obtained a license from the Minister of Health and Welfare shall be qualified, and Article 5 of the same Act provides that a person who intends to become a medical doctor, dentist, or oriental medical doctor shall obtain a license from the Minister of Health and Welfare after graduating from a university, etc. majoring in medical science, dentistry, or oriental medical science, and passing a preliminary examination and a national examination. Article 25(1) main sentence of the same Act provides that no person, other than a medical person, shall perform any medical act, and no medical person shall perform any medical act other than the licensed one, and Article 66 of the same Act provides that a person who violates the above provision shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 20 million won. Considering the above provisions, the purpose of the Medical Service Act is to strictly limit the qualification of a medical person to protect and improve the health of the people.

In full view of the purport of the argument in this case and the statement in Gap evidence No. 2, Article 5 of the Regulations on the Operation of Educational Facilities of this case classify the curriculum of the educational facilities of this case into the elementary, middle, and high-class courses, and issue certificates of completion according to each course of study. In the early grade process, the first grade process includes the theory of △△ Medical Opening and the theory of △△△ Basic including the adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of the first grade, the △△△ Basic theory including the adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of the first grade, the middle grade of adjudication of adjudication of adjudication of adjudication of adjudication of adjudication of the first grade, and the middle grade process

The act of △△△ to educate and learn at the education facilities of this case constitutes medical practice, and as a result, it is obvious that all other than those qualified as medical care providers (see Article 60(1) of the Medical Service Act) under the previous provisions prior to the implementation of the Medical Service Act, such as the Plaintiff, should be punished as non-licensed medical practice. Moreover, the act of practice anticipated to be conducted during the education courses of this case does not fall under any of the provisions of the proviso of Article 25(1) of the Medical Service Act, and it seems to be subject to punishment as non-licensed medical practice, and the act of △△△△ is likely to cause various side effects in the actual implementation process. Nevertheless, the students who received education related to the education facilities of this case are expected to have actually conducted the act of △△△△△△△△, which is likely to encourage non-licensed medical practice by issuing certificates to those who completed each stage of education, and the Plaintiff’s traditional liquor and development of the education facilities claimed by the Plaintiff can be seen as being subject to notification of the curriculum of this case.

On the other hand, the Plaintiff asserted that the instant disposition violated the right to education and learning specified in the Constitution as a citizen’s fundamental right, violates the duty to promote lifelong education, and is contrary to the spirit of the Constitution that provides for the preservation of tradition, but in full view of all the above circumstances, it is difficult to see the Plaintiff’s assertion

(3) Therefore, the plaintiff's above assertion is without merit.

D. Judgment on the second argument by the plaintiff

Comprehensively taking account of the descriptions of Gap evidence 1, 2, Gap evidence 8 through Gap evidence 12, Gap evidence 13-1, and Eul evidence 2, it can be recognized that the course related to the △△△ is established in the Korea National University, Jeonnam University, Ginam University, Ginam University, Seoul National University, Joseon National University, Chosun National University, Hanyang National University, Hanyang National University, and the Social Education Center affiliated with the Korea National University, and there is no reflective evidence.

However, the plaintiff reported to the defendant to operate the education facility of this case as a distance education-type lifelong educational establishment, but in the case of the social education center or lifelong education center attached to a university, the principal of the school shall report to the competent agency (Article 25 (3) of the Act) and the requirements and procedures for the establishment of the school and the degree of involvement of the administrative agency. Thus, even if the school is established at a social education center or lifelong education center established by a large number of universities including the social education center attached to a famous university as above, the establishment of the △△△-related course, which is established at the social education center attached to a university, should not be allowed (Article 6, 7, and 8 of the Ministry of Education and Human Resources Development may not establish and operate the curriculum related to medical science at various lifelong educational facilities under the Act on April 1, 204, the issue of whether the above instruction on the establishment and operation of the curriculum of this case violates the principle of equity, apart from the above facts.

Therefore, the plaintiff's above assertion is without merit.

3. Conclusion

Therefore, the disposition of this case is legitimate, and the plaintiff's claim of this case seeking its revocation is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judge Han-gu (Presiding Judge)