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(영문) 서울고등법원 2017.05.16 2016누82470

불합격처분취소

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds alleged by the Plaintiffs in the first instance court are not significantly different from the allegations in the first instance court, and the first instance court’s judgment rejecting the Plaintiffs’ assertion even if the evidence submitted in the first instance court is re-examineed with the allegations of the Plaintiffs, is justified.

Therefore, the court's explanation about the instant case is about the second-party 2 of the reasoning of the judgment of the court of first instance.

Newly establishing paragraph 3 and adding the following provisions to Paragraph 2, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiffs asserted that Article 17 of the Enforcement Decree of the Administrative Justice Act is in violation of Article 17, since the plaintiffs did not comply with the defendant's request for the grading criteria for the examination of the Administrative Agent Law and the grading criteria for the plaintiffs' answers in order to verify the above fact of adjustment of points, the defendant did not comply with it. Thus, in light of the purport of Article 349 of the Civil Procedure Act, the plaintiffs' assertion related to the above materials that the defendant did not submit should be recognized as true.

B. However, Article 344(2) of the Civil Procedure Act, which applies mutatis mutandis to Article 8(2) of the Administrative Litigation Act, provides for "documents kept or held by a person who is or was a public official in connection with his/her duties, as an exception to the duty to submit documents with respect to an order to submit documents," and the "public official or former public official" is kept or held in relation