beta
(영문) 서울행정법원 2015.10.30. 선고 2015구합65810 판결

법학전문대학원성적취소조치사항통보취소

Cases

2015Guhap65810 Revocation of notification of measures to revoke school grades

Plaintiff

A

Defendant

The Minister of Education

Conclusion of Pleadings

October 16, 2015

Imposition of Judgment

October 30, 2015

Text

1. The instant lawsuit shall be dismissed.

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

Purport of claim

The defendant's notification of the measures to revoke the grade of law school rendered to the president of the Gyeongbuk University on April 15, 2015 is revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff was appointed as a police officer on March 2007 and served as a police officer at the Gyeongbuk Provincial Police Agency, and from March 2013, the Plaintiff entered the law school at the Gyeongbuk National University (hereinafter “Gyeongbuk National University”) and attended the current three-year period.

B. From September 1, 2014 to October 2 of the same year, the Board of Audit and Inspection confirmed that the Plaintiff was absent from 10 times from 30 times a total of the subjects of the first semester of 2013, and notified the Defendant on March 13, 2015 as the Plaintiff failed to meet the requirement for attendance under Article 36 of the Regulations on the Regulations of Gyeongbuk-do University.

C. On April 15, 2015, the Defendant notified the president of the Gyeonggi-do University of the content that eight relevant students, including the Plaintiff, should take measures to revoke the grade and submit the results of measures taken (hereinafter “instant notification”).

D. On June 4, 2015, the president of the Gyeonggi-do University changed the credits of the Plaintiff’s “Civil Act 1” subject from A+F.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2, 4 through 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

According to the above facts of recognition, the notification of this case is merely an act between administrative agencies by notifying or ordering the president of the Gyeongbuk University, who is a national university, to take measures against the plaintiff, and is conducted within the administrative agency, and is not externally conducted by the plaintiff as the counter-party (the plaintiff may directly contest the disposition of sexual change to the F credits taken by the president of the Gyeongbuk University, or the disposition of refusal to revoke the application for sexual change. Further, even if the sexual change of this case taken by the president of the Gyeongbuk University is in accordance with the defendant's notification of this case to the plaintiff, the notification of this case shall be directly contested against the plaintiff, and as long as the president actually performed such act, it shall be deemed that the act of the president is subject to appeal, and the act of another administrative agency shall not be subject to appeal.)

Therefore, the lawsuit of this case seeking the cancellation of the notification of this case is unlawful, and the defendant's defense prior to the merits pointing this out is with merit.

3. Conclusion

Therefore, we decide to dismiss the lawsuit of this case and decide as per Disposition.

Judges

The presiding judge, the Korean Judge;

Judges Kim Gin-young

Judges Sok-beon

참조조문