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(영문) 부산지방법원 2020.11.06 2020구합21891

합격취소 처분 취소

Text

1. The defendant's revocation disposition against the plaintiff on March 31, 2020 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On July 2019, the Plaintiff, at B University (hereinafter the Defendant University), supported “special screening for Korean nationals residing in the Republic of Korea (hereinafter the “special screening for Korean nationals residing in the Republic of Korea”)” in the capacity of “Korean nationals residing in the Republic of Korea” and passed around October 2019.

B. On March 31, 2020, the Defendant confirmed that the Plaintiff’s mother was staying in China for two years and six months, and two years and six months, which are the requirements for the guardian’s sojourn period stipulated in the special screening recruitment outline, and that the Plaintiff’s mother was staying in China. On March 31, 2020, the Defendant revoked the Plaintiff’s pass on the ground that the applicant’s qualification is not satisfied.

(hereinafter the disposition of this case). [Matters of qualification for support] (Matters of qualification] The period of work for a child of a foreign subsidiary or a self-employed child's child who has served or returned to Korea for at least three years, or a person who has served or returned to Korea in a foreign subsidiary with permission for self-business in the foreign country shall be a person who has worked or returned to Korea for at least three years, or both parents shall stay in the relevant country after the period of permission for self-business in the foreign school. In the case of a self-employed person, the period of work for a child's child shall be recognized (the criteria for recognition of qualification for support), at least three years and at least two years and six months, and the period of work for a guardian for recognition of the period of work and the period of stay shall overlap for at least two years and four months, the period of work for the student's attendance and the period of stay for more than two years and four months shall be recognized as the period of his/her sojourn in the relevant country -

C. The major contents of the recruitment outline of the instant special screening in relation to the instant case are as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s mother asserted ①.