자격부여신청거부처분취소청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumption
A. On October 31, 1981, the Plaintiff passed the first examination of the 6th authorized appraiser (the former Public Notice of Values and Appraisal of Lands, etc. was enacted by the Public Notice of Values and Appraisal of Lands, etc. Act, which was transferred to a land appraiser and a certified appraiser, became a certified appraiser) and completed the second in-service training on July 15, 1989.
Article 6 of the former Enforcement Decree of the Public Notice of Values and Appraisal of Lands, etc. Act (the "Public Notice of Values and Appraisal of Lands, etc. Act" hereinafter) provides that those who have passed the first examination of certified appraisers shall be exempted from the first examination thereafter. Article 7 of the former Addenda of the Public Notice of Values and Appraisal of Lands, etc. Act (the "Public Notice of Values and Appraisal Act" hereinafter) shall be deemed to have passed the first 3th appraisal examination under this Act for those who have passed the first examination of certified appraisers under the former Public Notice of Values and Appraisal of Lands, etc. Act. Article 7 of the former Addenda of the Public Notice of Values and Appraisal of Lands, etc. of Public Notice of Values and Appraisal of Lands, etc. Act (the "Public Notice of Values and Appraisal of Lands, etc. Act") violates the principle of retroactive prohibition of legislation, so that the first
B. Around February 2014, the Plaintiff filed a civil petition with the Defendant with the following content.
(hereinafter referred to as “previous civil petition”). (c)
On March 10, 2014, the Defendant sent the following replies to the Plaintiff:
(hereinafter “previous reply”. Article 7 of the Addenda to the Public Notice of Values and Appraisal of Lands, etc. Act provides a transitional provision for successful applicants of the previous public appraiser’s first examination, and legislators have institutional devices to prevent infringement of fundamental rights of successful applicants of the previous first examination. The legislative intent of the legislators should be respected.
Therefore, in the administrative agency's own decision on whether the law is unconstitutional, the first examination of the certified appraiser under the former Act shall be passed.