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(영문) 대구지방법원 2014.07.25 2012구합3783
교습비등조정명령취소
Text

1. On July 16, 2012, the Defendant issued an order for adjustment of tuition fees, etc. as stated in the separate disposition list against the Plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are operating each of the “private teaching institutes” as indicated in the [Attachment List] that educates elementary, middle, and high school students in the Defendant’s jurisdiction in Korean language, English, academic, scientific, foreign language, etc. (hereinafter “each of the private teaching institutes in this case”).

B. On February 28, 2012, the Defendant confirmed the standards for the adjustment of tuition fees of private teaching institutes and teaching schools (hereinafter “private teaching institutes, etc.”) within the jurisdiction (hereinafter “the instant adjustment standards”) as stated in the attached table of adjustment standards, following deliberation by the Mediation Committee for Teaching Fees, etc. (hereinafter “Mediation Committee”) under Article 17 of the Enforcement Decree of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Mediation Committee”).

C. On March 8, 2012, the Defendant: (a) prepared a registration statement (report) of tuition fees, etc. and notified the Defendant of the modification thereof by March 23, 2012 to the head of the private teaching institute within his jurisdiction, including the Plaintiffs; (b) accordingly, the Plaintiffs determined each tuition fee (hereinafter “each of the instant tuition fees”) and submitted a registration (report) as indicated in the “application for adjustment” column in the attached list.

On April 6, 2012 and April 30, 2012, the Defendant requested the Plaintiffs to submit relevant documentary evidence, such as the statement of tuition fees, cash account statement, financial statements, credit card sales and cash receipts compiled, loan repayment certificate, lease contract, copy of the student register, the current status of instructors and copy of the contract, and the current status of payment of tuition fees, on the ground that each of the instant tuition fees exceeded the instant adjustment standard. Accordingly, the Plaintiffs submitted the above documentary evidence to the Defendant, respectively.

E. On June 5, 2012, in order to determine whether tuition fees are excessive for private teaching institutes within the jurisdiction, including the Plaintiffs, in excess of the instant adjustment standard, the Defendant shall, following the deliberation by the Mediation Committee, list the separate adjustment criteria to raise the unit fees for each item of tuition fees.

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