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(영문) 서울행정법원 2015.05.14 2014구합68485
등록말소처분 취소
Text

1. The Defendant’s revocation of registration against the Plaintiff on September 12, 2014 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

The Plaintiff established a private teaching institute with the trade name “C” (hereinafter referred to as the “private teaching institute of this case”) on the 4th and fifth floors Yongsan-gu Seoul, Yongsan-gu (hereinafter referred to as “C”) and registered under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as the “Private Teaching Institutes Act”).

After conducting a fact-finding survey on the instant private teaching institute on April 15, 2014, the Defendant issued a disposition to revoke the registration of the Plaintiff on September 12, 2014 pursuant to Article 17 of the Private Teaching Institutes Act and Article 13 of the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Seoul Metropolitan City Ordinance on Private Teaching Institutes”) on the ground that “the Plaintiff violated the Private Teaching Institutes Act by operating the extra-registration curriculum, etc., and the given points due to the violation of the Private Teaching Institutes Act exceed 115 points in total.”

(hereinafter “Disposition”). In accordance with Article 17 of the Private Teaching Institutes Act and Article 13 of the Seoul Special Metropolitan City Ordinance on Private Teaching Institutes, it is known that an administrative disposition was taken as follows:

In the case of violations (total 115 points), the details of administrative disposition of non-registration for the change of the personal information such as non-registration (10 points), the non-registration (10 points), the violation of the name mark (10 points), the non-registration for the change of the facility (5 points), such as instructors (10 points), etc. (15 points) of the change (15 points), such as the 15 points for the operation of the curriculum (20 points), the excess of tuition fees (15 points), the 5 points for the change (5 points for the punishment points), such as tuition fees, etc. (5 points for the punishment points): The grounds for disposition stated in the disposition of this case in the cancellation of the registration are as follows:

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2 (which includes the number of branch numbers; hereinafter the same shall apply), and the purport of the whole pleading as to the legitimacy of the disposition of this case as to the plaintiff's argument as to the legitimacy of the disposition of this case, we cannot at all grasp whether the plaintiff's act constitutes a violation of the Private Institutes Act and is subject to the imposition of penalty points.

The instant disposition violates Article 23 of the Administrative Procedures Act.

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