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(영문) 서울행정법원 2019.01.18 2018구합56534
교습비조정명령취소
Text

1. On January 30, 2018, the Defendant’s order of adjustment of each tuition fee issued to the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. The second floor of Eunpyeong-gu Seoul Mapo-gu Seoul Metropolitan Government H, fourth floor 2 B, second floor 2 B, second floor 3 C, third floor 4 D M reading room in Seodaemun-gu Seoul, fourth floor N, fourth floor 5 E E PO reading room in Seodaemun-gu, fourth floor 5 E E PO reading room in Seoul, fourth floor 6 FM reading room in Seoul, second floor;

A. The Plaintiffs are personal entrepreneurs and companies that operate the following reading rooms:

B. From March 28, 2017 to April 7, 2017, the Plaintiffs filed an application for registration of change in the teaching fees with the content of increase in the tuition fees for the reading room operated by them to the Defendant as indicated in attached Table 1.

(hereinafter referred to as the “reported tuition fee”) for which the Plaintiffs applied for registration of change.

On January 30, 2018, the Defendant issued an order to adjust tuition fees to the Plaintiffs pursuant to Article 15 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”) and Article 17-2 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree of the Private Teaching Institutes Act”) on the grounds that the Plaintiffs’ reported tuition fees are excessive, following a deliberation by the Mediation Committee, such as tuition fees, etc., to change tuition fees to the amount stated in the relevant item (hereinafter “instant adjustment order amount”).

(hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, 6, and 10 (including serial numbers; hereinafter the same shall apply), each entry, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The summary of the plaintiffs' assertion can be ordered to adjust tuition fees only when it is acknowledged that tuition fees are excessive pursuant to Article 15 (6) of the Private Institutes Act.

Here, “a case where it is deemed to be excessive” refers to a case where the level of appropriate tuition fees is significantly higher than that of a reasonable tuition fee in light of social norms.

The plaintiffs' reporting tuition fees.

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