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(영문) 서울행정법원 2016.07.15 2015구합11806

불합격처분취소등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 14, 2015, the Plaintiff applied for the first test of the 31st legislative notice (hereinafter “instant test”) enforced on March 14, 2015.

B. The examination of this case consists of three subjects (the language logic field, data interpretation field, and situation judgment field), and 40 points per 100 points were set out on a full basis.

The examination of this case presented five answers per problem, and was prepared in a way that allows the applicants to correct only one of the most suitable answer questions.

C. On March 16, 2015, the Defendant issued a written answer to the instant issue No. 23 (No. 3) in the area of judgment on the state of the examination (hereinafter “instant issue”), and the Plaintiff raised an objection to the instant issue’s response.

The Defendant confirmed the question of this case as '1 and 4 times' including '1 times' which the Plaintiff asserts. D.

The defendant marks the plaintiff's answer according to the confirmed answer as above, and as a result, the plaintiff obtained the points as shown below.

Point 85 point 85 point 72.5 point 72.5 point : average point 22.5 point : 74.16 point 74.16 point ;

E. On April 10, 2015, the Defendant: (a) determined the passing date of the instant examination in the instant legal category as an average of 75 points; (b) announced the successful applicants to 26 persons; and (c) decided that the Plaintiff failed to pass the examination on the ground that the Plaintiff’s score falls short of the passing date

(hereinafter referred to as “instant failure disposition”). [Grounds for recognition] There is no dispute, entry in Gap evidence 1 through 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On the 23. The issue of this case is the next writing that read and correct, notwithstanding the absence of legitimate inheritance right, the legitimate inheritance right holder or legal representative may recover the inherited property by filing a lawsuit for recovery of inheritance.