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

A. On January 29, 2019, the Plaintiff operated B, a lifelong educational establishment, filed an application for the establishment of a department with the Defendant to add the “nicking Curriculum” to the above educational facility.

B. On February 11, 2019, the Defendant rejected the instant application (hereinafter “instant disposition”), and the Plaintiff received the instant disposition on February 13, 2019, on the grounds that “a lifelong educational establishment that may establish and operate an assistant nurse’s curriculum refers to a school-type lifelong educational establishment under Article 31 of the Lifelong Education Act; and that the Plaintiff’s operation falls under a lifelong educational establishment affiliated with a press organization under Article 37 of the Lifelong Education Act and fails to meet the above requirements.”

C. The Plaintiff dissatisfied with the instant disposition and filed an objection on February 15, 2019. However, the Defendant dismissed it on February 28, 2019, and the record reveals that the accurate date and time of the Plaintiff’s delivery of the written objection is not confirmed.

Accordingly, the Plaintiff filed the instant lawsuit on May 30, 2019.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion is that the Lifelong Education Act does not stipulate a provision restricting lifelong education facilities that can establish and operate an assistant nurse’s curriculum as “school-type lifelong education facilities.”

Therefore, without any legal basis, the disposition of this case must be revoked in an unlawful manner, as it was conducted by the defendant by abusing his authority.

3. Determination on the defense prior to the merits

A. Although the Plaintiff’s summary of the Defendant’s assertion was served on February 13, 2019, the Plaintiff filed the instant lawsuit on May 30, 2019 after the lapse of 90 days from the date when the instant disposition was served, and thus, the instant lawsuit is unlawful as the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act, a revocation suit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc., but the revocation suit shall be instituted.