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(영문) 대법원 2015.01.29 2014두41343

법무사자격불인정처분취소

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the application of the Administrative Procedures Act, the lower court determined that even if Article 4(1)1 of the former Certified Judicial Scriveners Act (amended by Act No. 6860, Mar. 12, 2003; hereinafter the same) applies, if a public official in the court, the Constitutional Court, the public prosecutor's office, or the occupational category of narcotics investigation is not required to work for a certain position or more for a certain period to obtain the recognition of a certified judicial scrivener, but needs to be recognized by the Chief Justice of the Supreme Court as having legal knowledge and ability necessary for performing the affairs of a certified judicial scrivener, the career requirement for obtaining the recognition of a certified judicial scrivener is clearly established by the former Certified Judicial Scriveners Act; the career requirement for obtaining the recognition of a certified judicial scrivener qualification is established to examine the recognition of a certified judicial scrivener qualification; Article 4(1)1 of the former Enforcement Rule of the Certified Judicial Scriveners Act (amended by Act No. 6860, Mar. 12, 2003; hereinafter the same shall apply); Article 16(3) of the former Enforcement Rule of the Act provides that an applicant shall not be approved.