[Asia Economy Reporter Kim Daehyun] An operator of an alternative school in Gangnam-gu, Seoul, who established and operated a facility with an American curriculum in the form of a 'school' without approval from the superintendent of education and collected large tuition fees, has been sentenced to a fine by the Supreme Court.
On the 14th, the Supreme Court's 3rd Division (Presiding Justice Lee Heung-gu) announced that it upheld the lower court's ruling sentencing alternative school operator A, who was indicted for violating the Elementary and Secondary Education Act, to a fine of 3 million KRW.
Earlier, A was prosecuted on charges of establishing a facility teaching the American curriculum in Gangnam-gu since 2018 and operating it in the form of a school without approval from the Seoul Metropolitan Office of Education. It was investigated that he hired teaching staff, recruited about 110 students, charged 12 million KRW per semester in tuition, and enabled students who completed the 12th-grade course to receive AP exam certification from the American ETS.
Article 67, Paragraph 2, Subparagraph 1 of the current Elementary and Secondary Education Act stipulates that "anyone who uses the name of a school or recruits students and operates a facility in the form of a school without approval for school establishment shall be punished by imprisonment for up to three years or a fine of up to 30 million KRW."
A's side argued in court that "the facility serves to complement the existing education system and does not infringe on the effectiveness of the domestic elementary and secondary education system," and "it was clearly explained to program participants that completing the curriculum does not grant graduation qualifications for middle or high school."
The first trial found A guilty and sentenced him to a fine of 3 million KRW. At that time, the court pointed out, "Even if it was explained that graduation qualifications are not granted to participants and documents confirming their understanding were obtained, the crime is established as the facility was operated in the form of a school by recruiting students without approval from the superintendent of education."
The second trial also agreed with this judgment. In particular, it emphasized, "The defendant's business registration certificate reported to the tax office listed the business type as 'alternative school,' and instruction was conducted by semester according to the curriculum for each grade. The curriculum included English, mathematics, social studies, science, and a second foreign language, and club activities were held after classes."
It added, "The approval system is a measure for the state to faithfully realize the people's right to education. Allowing alternative education to be conducted in the form of a school without regulation can cause various social harms, so 'minimum regulation' is necessary."
The Supreme Court also dismissed A's appeal, stating, "The lower court did not err in its legal interpretation regarding the establishment of the crime of violating the Elementary and Secondary Education Act."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
