The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which limited the reading room to mean only "the case of learning subjects under the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter "the Private Teaching Institutes Act") with the main purpose" and interpreted it is erroneous in the misapprehension of legal principles.

B. Considering the promotional materials of the Defendant’s preparation, the Defendant’s report that “BC 5” (hereinafter “the instant facilities”) reported as “providing reading and resting space” at the time of the business registration of the instant facilities, the Zine bulletin posted on the Defendant’s management, and the Defendant’s past interview contents, etc., the lower court erred by misapprehending the legal doctrine, which determined that the instant facilities do not constitute a reading room, even though the learning of the subject of teaching under the Enforcement Decree of the Private Institutes Act constitutes a reading room

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, Article 2 subparag. 1 of the Private Institutes Act provides that “private teaching institutes” refers to facilities where a private person teaches learners or many unspecified persons with knowledge, techniques, and arts according to the teaching process for not less than 30 days, or provides them as learning places for not less than 30 days. Article 2-2 of the Private Institutes Act provides for the type of a private teaching institute and the classification of teaching curricula by type of a private teaching institute shall be determined by Presidential Decree. Article 6 of the Private Institutes Act provides that a person who intends to establish and operate a private teaching institute shall register with the superintendent of education under the conditions as prescribed by Presidential Decree with certain facilities and equipment. Article 3-3 of the Enforcement Decree of the Private Institutes Act provides that the classification of teaching curricula by type of a private teaching institute shall be as specified in [Attachment 2] [Attachment 2]

According to the above provisions of the Private Institutes Act and the Enforcement Decree of the Private Institutes Act, a private teaching institute which is subject to registration of the Private Institutes Act is similar to, or similar to, the teaching curricula set forth in attached Table 2 of the Enforcement Decree of the Private Institutes Act.