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(영문) 서울고등법원 2011.5.13. 선고 2010누39641 판결

기능사필기시험면제과정확인거부처분취소

Cases

2010Nu39641 Revocation of Disposition rejecting to confirm the process of exempting a technician from a written examination

Plaintiff Appellant

A

Defendant Elives

The head of the Seoul Regional Employment and Labor Office Seoul East Site

The first instance judgment

Seoul Administrative Court Decision 2010Guhap23187 decided November 5, 2010

Conclusion of Pleadings

April 22, 2011

Imposition of Judgment

May 13, 2011

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance shall be revoked. The defendant's rejection disposition against the plaintiff on October 9, 2009 against the plaintiff shall be revoked.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation on this case is as follows, and the reasoning for the court's decision is as stated in Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the dismissal of relevant laws and regulations as shown in the attached Form.

2. Additional matters to be determined;

The plaintiff asserts that the rejection disposition of this case is illegal since the defendant did not provide guidance and supervision over the plaintiff's educational institute. However, even if the defendant did not provide the above guidance and supervision, it cannot be deemed that the disposition of this case which rejected the application for confirmation of exemption from written examination without satisfying the requirements is illegal. Thus, the plaintiff's above assertion

3. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judges

The presiding judge, the judge and the Gangwon-gu

Judges Jeon Soo-jin

Judges fixed-age

Attached Form

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.