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(영문) 대구지방법원 2017.12.06 2017구합22437

불합격처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 and 2, the Plaintiff passed a document screening for the recruitment of human resources in the investigating office of the Korea Housing Lease Dispute Mediation Agency in May 11, 2017, and applied for an interview on May 18, 2017, but the Plaintiff failed to be selected as the final successful applicant on May 22, 2017.

2. 1) The Plaintiff’s final decision on May 22, 2017 falls under an administrative disposition that was rejected by the Plaintiff, which was an administrative disposition, and sought revocation of the administrative disposition that is subject to administrative litigation on the ground that procedural and substantive defects exist and thus are unlawful. 2) The term “administrative disposition subject to administrative litigation” refers to an act under public law in which an administrative agency, its affiliated agency, or a public organization delegated or entrusted with an administrative authority under the statutes directly exercises its effect on matters related to the rights and obligations of the citizens, and even if it is an act that restricts the other party’s rights, it cannot be deemed an administrative disposition unless it is an act of an administrative agency, its affiliated agency

The Korea Legal Aid Corporation (see Supreme Court Decision 2005Du8269, Jan. 31, 2008) is a juristic person established under Article 8 of the Legal Aid Act in order to efficiently promote legal aid, and is also a public institution under the Act on the Management of Public Institutions. Under the Legal Aid Act, the Government may grant subsidies within budgetary limits (Article 4 of the Legal Aid Act); the Korea Legal Aid Corporation shall obtain approval from the Minister of Justice for its business plan and draft budget (Article 29 of the Legal Aid Act); however, it shall be supervised by the Minister of Justice in certain cases (Article 25 of the Legal Aid Act; this is the importance and public nature of legal aid projects).