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(영문) 서울행정법원 2015.11.27 2014구합12352

전기기능장자격시험불합격처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 24, 2014, the Plaintiff applied for the 55-time regular electric skill test to be conducted by the Defendant as entrusted by the Minister of Trade, Industry and Energy (hereinafter “instant test”).

B. The examination problem of this case is identical to the description of the practical examination issue of national technical qualification in attached Form, and it is divided into the first task preparing the PLC program and the second task conducting electrical construction.

C. The Plaintiff completed the examination and assessed the grading committee, but the grading committee selected by the Defendant did not mark the Plaintiff’s work on the ground that the Plaintiff’s electric wires at the RY1-a point were not connected to the instant work on the ground that the electric wires at the RY1-a point were not connected.

On June 27, 2014, the Defendant rejected the disposition against the Plaintiff.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The Plaintiff failed to pass the instant examination due to the error in setting the instant examination and the improper marking accordingly. As such, there exists abuse of discretion in the Defendant’s process of conducting the instant examination. As such, the instant disposition is unlawful. 2) Although the Plaintiff applied for the instant examination and completed the instant work in accordance with the drawings and the electric standards presented, the marking commissioner selected by the Defendant rejected the grading without verifying the action of the instant work, and as a result, the Defendant issued the instant disposition.

Therefore, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) As to the argument such as the error in setting questions, in the setting of questions as an administrative act, what kind of questions should be set within the scope of the statutory provisions.