Supreme Court: Unauthorized Use of 'School' Name by Lifelong Education Institutions Violates Elementary and Secondary Education Act
[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that lifelong education institutions, like regular schools, are subject to punishment if they use the term 'school' without the approval of the Superintendent of Education.
The Supreme Court's 3rd Division (Presiding Justice Min Yoo-sook) announced on the 26th that it upheld the lower court's ruling, which sentenced A (62) to a fine of 3 million won on charges of violating the Elementary and Secondary Education Act.
The court stated, "There was no error in the lower court's interpretation of the law related to the Elementary and Secondary Education Act."
A was prosecuted for using the term 'school' without the Superintendent of Education's approval while serving as the principal of an alternative school in Seosan, Chungnam, from February 2014 to February 2018, and providing middle school courses.
Article 67, Paragraph 2, Subparagraph 1 of the Elementary and Secondary Education Act stipulates that "those who operate facilities in the form of a school by using the name 'school' or recruiting students without obtaining approval for school establishment shall be punished." A was charged with violating this provision.
In court, A argued that the prohibited school names under the Elementary and Secondary Education Act refer specifically to 'elementary school,' 'middle school,' and 'high school.'
However, the first trial found A guilty and sentenced him to a fine of 3 million won.
The second trial also upheld the first trial's decision, stating, "The Lifelong Education Act does not permit the use of the term 'school.'"
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The Supreme Court dismissed A's appeal and confirmed the ruling as is.
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