[기술사고시불합격처분취소][집33(3)특,282;공1985.11.1.(763),1357]
The meaning of "4-year college graduates, etc., who majored in the same technology field, who have worked in the relevant technical field for not less than 9 years" in attached Table 3 of Article 11 (1) of the Enforcement Decree of the National Technical Qualifications Act, one of the qualification criteria
“A graduate, etc. who majored in the same technical field for not less than nine years” in subparagraph 1 of attached Table 3 of Article 11 of the Enforcement Decree of the National Technical Qualifications Act, one of the criteria for qualification for professional engineer means a person who, after university graduation, has practiced in the relevant technical field for not less than nine years.
Subparagraph 1 of Article 11 of the Enforcement Decree of the National Technical Qualifications Act
Plaintiff
Korea Vocational Training Foundation President Kim Jong-woo, Park Young-sik, Park Jong-dae, Park Jong-dae, and Choi Jong-su, Counsel for the defendant-appellant
Seoul High Court Decision 84Gu1001 delivered on May 8, 1985
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal are examined.
The court below determined that the technical qualification level in the National Technical Qualifications Act is divided into professional engineer, engineer class 1, and engineer class 2, and that the criteria for applying for qualification by grade are as shown in attached Table 3 of Article 11 (1) 1 of the Enforcement Decree of the same Act. The legislative purpose of the above Act and the criteria for classification by technical field are as stated in the above Act. In addition, in light of the legislative purpose of the strict provisions as stated in the judgment of the technical qualification, the standards, methods, procedures, and qualifications for applying for technical qualification as one of the above four-year college graduates who majored in the same technical field, and worked in the same technical field for 9 years or more after university graduation, the above four-year college graduates, etc., and the above four-year college graduates, who majored in the same technical field, were not qualified in the said technical field, and the defendant's decision that the above four-year college graduates from the technical field was legitimate after graduation and that the above four-year college's application for qualification can not be interpreted as legitimate.
The issue is due to the fact that it is not reasonable.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Jong-tae (Presiding Justice)