beta
(영문) 서울행정법원 2018.11.21 2018구합2643

재입학 불허 처분 취소

Text

1. On October 10, 2016, the Defendant confirmed that the revocation of the re-admission granted to the Plaintiff on October 10, 2016 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On February 21, 2012, the Plaintiff, an alien of the Republic of Korea’s nationality, admitted to the film board of the Korean National University of Arts as an art specialist course of art (a master course, six semesters) (hereinafter “AMA scholarship student”) at the time of entrance. At the time of entrance, the Plaintiff was a national funeral student selected by the project to attract outstanding Asian artists (hereinafter “AMA scholarship student”).

The defendant is the representative of the Korean National University of Arts established under the Decree on the Establishment of Korean National University of Arts, which is a Presidential Decree.

B. On September 4, 2014, the Plaintiff submitted to the Defendant a leave of absence (from September 4, 2014 to February 28, 2015) under the circumstance that the Plaintiff completed the pertinent art professional course by up to five semesters and left the last semester.

On March 2015, the Plaintiff was removed from school in accordance with Article 63(1) of the Regulations of the Korea National University of Arts on the ground that the Plaintiff did not return to school despite the expiration of the school term.

C. On July 11, 2016, the Plaintiff filed an application for re-admission with the Korea National University of Arts (hereinafter “instant first application for re-admission”) and received mobile phone text messages from the staff of the Korea National University of Arts to the effect that the re-admission was finally approved on August 5, 2016.

On August 9, 2016, the Overseas Cooperation Department of the Korean National University of Arts prepared the documents referred to in the item (a) “request for resolution on the selection of scholarship students by the Jeju AMA scholarship students”, and the main contents of the said documents are as follows:

▣ 상황개요 AMA 장학생이었던 원고가 2015. 3. 1. 미복학 제적되었다가, 2016. 7. 23. 재입학함에 따라 AMA 장학생 신분 유지 여부에 관한 결정이 필요.

Although the provision of school regulations applies mutatis mutandis to the permission for re-admission to the Plaintiff, there is no relevant provision and precedent regarding whether the status of a AMA scholarship student is recovered at the time of re-admission, and it is difficult to determine by each department (the film department, school affairs department, and external cooperation department). There was a expulsion request in accordance with the "Guidelines for Management of AMA Scholarship Students" due to lack of the Plaintiff’s Korean language ability.