Attorney Park Jae-hoon

June 3, 2009

Paragraph 3, 6 (excluding the second paragraph in Paragraph 6) among the requirements for graduation in accordance with the foregoing provision shall be null and void.

to confirm the subsection of this section.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

A student who is enrolled in Nice economics department, and a permanent university is 208, February 14, 200.

National Schools, amended by Presidential Decree No. 20608, was integrated into Gyeongbuk University on March 1, 2008, pursuant to Article 2 of the Decree on the Establishment of National Schools.

A person shall be appointed.

B. To integrate the North Korean University on November 7, 2007 and the president of a permanent university with a permanent university on November 7, 2007

First of all, "Seoul National University" and "Agreement on Integration of Permanent University" have been prepared, and the integration has been made among the Agreements.

for the purposes of this section.

16 Requirements for graduation

(1) School regulations and curriculum at a former resident university shall be entered in a permanent university no later than one day before such university is registered.

In principle, a refund shall be made: Provided, That Article 57 of the School Regulations of the Gyeonggi-do University after completing the requirements for graduation referred to in the provisions of a residentd school;

(Recognition of Eligibility for Graduation) A degree in the name of the Gyeongbuk University may be granted in the case of obtaining the recognition of qualification for graduation.

(c)

12,

Preparation of the following measures for the protection of students at a permanent university:

was.

1. 7. Plan for the protection of the first place;

0. School regulations of a permanent university pursuant to the school regulations of the year of entry, including the permanent and permanent university site offices at the time of entry;

shall apply, but not

-Establishment of school regulations of the North Korean National University, such as those which meet the requirements prescribed by school regulations of the North Korean National University;

available for use

special graduations from the English Department, business economics, settlement and reading room at the permanent university at that time;

-limited to the extent that the term of a permanent university meets the requirements set forth in the school regulations of the Korean school;

It is possible to graduate with the name of the department similar to the school (in English, in the field of commerce, such as English, economy, etc., and in the course of commerce).

Measures in relation to the temporary closure of a permanent university at that time

-the term of a permanent university, the term term of a school shall be fixed to the first school year;

- the transfer to the previous official or academic year, such as Handisung(s) with its duration expired or with similar department(s).

transfer to another industrialdiology according to his/her will;

(b) preparation of records of permanent employment at a permanent university at that time;

-as soon as possible from the date of the present university to the date of the present university, if the university is located;

- The side of the Handi School, etc. whose existing period has elapsed, shall be able to enter the same department (no) - the previous official map;

2. The case; and

Article 3 of the Addenda provides for transitional measures for resident university students, etc., and the details thereof:

for the purposes of this section.

Article 3 (Transitional Measures concerning Deposit Office, etc. at Permanent University)

(1) A permanent university which is repealed by the school regulations of this term shall graduate from a school without any change in school register in 2008.

Until February 29, 2012, industrialdiology shall continue to exist until February 31, 2010.

1. At the time of the establishment of this school regulations, cadastral certaintys shall be published in the Department of Study at this University.

The date of commencement shall be deemed to have been pointed out.

(4) Regulations and curriculum of the previous permanent university shall apply to the exploitation and demonstration based on the permanent university at the time this school regulation is established.

shall apply: Provided, That the school regulations of the Gyeongbuk University shall apply to a room in which it is intended to apply and stay from school regulations of the Gyeongbuk University due to the duration referred to in paragraph (1);

He/she shall complete the prescribed curriculum, and matters concerning succession shall be determined separately by the president.

(4) A person who fails to graduate from a school by the duration referred to in paragraph (1) due to justifiable grounds, such as study, etc. in a permanent university.

(1) The class of each class of other industry, or of each similar or similar university, or of each major;

may be transferred. In such cases, there shall be a separate regime that takes place in the beginning and taking place of transfer.

‘Special Cases Concerning the Graduation of Students Permanent University (No. 1486, No. 1486, et al. of this case)'

The special provisions have been enacted, and some of the contents are as follows:

Article 3 (Recognition of Qualifications for Graduation)

(1) A place of establishment that enters a resident university shall be subject to school regulations and curriculum at the former resident university in an authorized manner.

§ 57. School Regulations of the Gyeongbuk-do University (a degree at the Gyeongbuk-do University, if the applicant is recognized as qualified to graduate specified in the due date for graduation)

may be awarded.

(4) Three-year courses at a permanent university (in English, a certain course of study, a business economics, and a field of Gyeongbuk University) shall be located in a permanent university.

In order to obtain a degree of daily and similar (or a regular business, such as English department, settlement, and economy in English) and a degree, the requirements and the thickness of paragraph (2) shall be met.

Universities, etc. shall obtain all engineerings determined by similar departments (less) of universities, etc.

Article 4 (Adoption and Awarding)

(1) School Regulations of the Gyeonggi-do University (Notwithstanding graduation and conferment of degree, February 29, 2012)

Where a graduate is intended before he/she intends to graduate on the deposit of the Gyeonggi-do University, the indication of the major of the D/department (Divisions) of the certificate of graduation shall be as follows:

The same shall apply.

1. Residents of a permanent university, where he/she satisfies the requirements for graduation from a permanent university and has completed subjects for the extension referred to in Article 3 (2);

A degree may be conferred to the Gyeongbuk University, which has marked the previous meritorious services.

2. Where three deposits and certaintys of a permanent university meet the requirements referred to in Article 3 (3).

Similar departments (non-degrees) of schools, etc. may be conferred.

F. On the other hand, the head of the Economic and Trade Department of the Gyeongbuk University pursuant to the special provisions of this case.

A person shall be appointed.

"Requirements for graduation" (hereinafter referred to as "Requirements for graduation of this case") shall be established and finally decided on November 7 of the same year.

was determined.

G. According to the requirements for the graduation of this case, the economic trade at the Gyeongbuk University among students enrolled at a permanent university

Any person who intends to graduate from a faculty course shall have a total of 70 credits required for graduation from the Ministry of Economic and Trade at the Gyeongbuk University.

15 subjects, such as the American economics, the macroeconomic, the international economics, etc. (total of 45 classes) are deemed to be replaced by the Corporation.

the United States is not recognized as credits even if he/she has completed at a permanent university (as referred to in paragraph 3).

It does not exceed 15% of the quota (related to paragraph 6).

[Ground of Recognition] Unstrifed Facts, Gap evidence 1 to 7, Gap evidence 9, 10, 11, Gap evidence 15, 16,

1. 2. B

No. 8-1, 2.3 - Each entry, the purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. Defendant’s assertion

A graduate qualification to obtain an academic degree from a department of economic and trade, the same or similar department of the Gyeongbuk University (former);

person under a law, order or administrative rule of a general and abstract nature, which provides for the requirements for recognition;

claim that the subject may not be the subject of this section.

B. Determination

A person shall be appointed.

not required to be held by the public, but directly as such, without mediating any other action of enforcement, the specific

person, if such person has a character to regulate rights and obligations or legal relations, an administrative disposition which is subject to appeal

Supreme Court Order 2003No. 23 Dated October 9, 2003, etc.)

As seen earlier, the requirements for the graduation of this case are as follows: (a) before March 1, 2008, the requirements for the graduation of this case are as follows:

-

and without involvement in any particular enforcement action, the student shall be entitled to have specified the credits.

The Ministry of Economic and Trade within the duration of a permanent university that applies to the foregoing student;

Bo.

- The requirements for the graduation of this case are, on its own, a permanent university without mediating other enforcement actions.

Since economics and the legal relationship between students and the defendant have the character to directly regulate the legal relationship.

3. Determination as to whether the requirements for graduation in this case are invalid

A. The plaintiff's assertion

(1) The requirements for the graduation of this case are governed by the regulations or regulations and are therefore governed by the resolution of the faculty council or the faculty council.

A person shall be appointed.

Since the defect was significant and apparent, it is invalid.

(2) The contents of the requirements for the graduation of this case are the plaintiff and the selection who entered the business economics division of a permanent university.

The paragraph is null and void due to a significant and apparent defect in its form and content.

B. Determination:

(1) This subsection shall not apply

According to Article 5-2 (1) of the Decree on the Establishment of National Schools, universities (Gangwon University, Gyeongbuk University, and Jeonnam University)

To assist the president's duties, one vice-president shall be assigned to each school and Jeju University, and the faculty shall be appointed to assist the president's duties.

The Vice-President shall be appointed to efficiently carry out the affairs of the university under paragraph (2).

by stipulating that certain authority, such as school affairs, shall be performed upon delegation by the president;

In addition, according to Article 83 (1) through (4) of the Regulations, "school regulations" means the president of the university, the autonomous power of the president of the university.

If the head of an institution, such as the director of a public book, at least eight faculty members, and at least 50 faculty members submit a draft amendment, the president shall submit the draft amendment.

According to paragraph (2), "Rules" shall be submitted by the head of a school, such as the head of a faculty, etc., and the President shall submit a proposal for the enactment and amendment, and the President shall

The president shall promulgate through section 85(1) and (2), and pursuant to section 85(1) and (2), the matters delegated to him/her by the rules and regulations.

agency.

senior, the president of the faculty council shall deliberate on matters necessary for the operation of the faculty council, following deliberation by the council.

section 24(b).

According to the above facts of recognition and relevant regulations, the requirements for graduation of this case are stipulated in the special provisions of this case.

Facs

In addition, as seen earlier, the requirements for the graduation of this case should be met with the economic division of the Gyeongbuk University.

Since it was enacted in the name of the Minister of Commerce, Industry and Energy, it is enacted by a person who is not authorized to enact.

A person shall be appointed.

Legislations to the effect that it was delegated to the Director of the Ministry of Economic and Trade; however, national schools establishment decree and status studies

According to the rules, there is no basis to delegate to the Director of the Ministry of Economic and Trade, and even if so, the convenience of business is given.

The defendant who is the political authority shall be the defendant, and the requirements for graduation of this case have been established in the name of the defendant.

Since there is no evidence to set forth any other evidence, the defendant's assertion is without merit.

② Whether there is any defect in the contents of the requirements for graduation of this case

As seen earlier, the business economics division of a permanent university, including the plaintiff and the designated parties

A person shall be appointed.

Notwithstanding the provisions of this Act, the subjects for which the above students have obtained credits are uniformly North Korea.

To require the re-acceptance of the same subject established in the Ministry of Economic and Trade of the University;

In addition, the Ministry of Economic and Trade of the Gyeongbuk University within an appropriate semester; and further, the Ministry of Economic and Trade of the said student within the appropriate semester.

The fact that the school may lose the opportunity to graduate from the school of this case (No. 3 of the requirements for graduation of this case)

In addition, the above student's opportunity to attend the school is unfairly restricted, and this is thereby appropriate for the student.

It is highly likely that he/she may not graduate from the Ministry of Economic, Trade, and Energy within a semester (Article 6 of the same Act)

Taking into account the factors, etc., paragraphs 3 and 6 (the second paragraph in paragraph 6) of the requirements for graduation of this case

as provided against the intent of the enactment, which is excessively unfair.

(3) Whether the requirements for graduation of this case are invalid or not

material parts in violation of the essential parts must be objectively apparent and objectively, and any defect

In determining whether it is large and obvious, the purpose, meaning, function, etc. of the laws and regulations shall be specified;

It is necessary (Supreme Court en banc Decision 94-4615 delivered on July 11, 1995, Supreme Court en banc Decision 2004

11. 26. See, e.g., Supreme Court Decision 2003Du2403, Feb. 26, 2000; however, the protection of a third party does not particularly

In the absence of serious legal stability even if defective administrative disposition, etc. is void as a matter of course;

In terms of face-to-face relief, remedy, etc., it is deemed that it is remarkably unfair to not regard it as void as a matter of course.

It is reasonable to say that it is void as a matter of course (see Supreme Court Decision 2008Du11716, Feb. 12, 2009).

As seen earlier, the requirements for the graduation of this case were enacted by a person who is not authorized to enact.

The graduate of students in the department of business economics and economics from the Ganbuk University as students in the department of economic and commercial science of the Ganbuk University.

In light of the fact that the opportunity for graduation of this case is unfairly deprived, etc., the requirement for graduation of this case

An objective violation of the essential part of the intent of the enactment of the special provisions of new and this case

A person shall be appointed.

Inasmuch as it is apparent that the requirements for the graduation of this case are apparent, paragraphs 3 and 6 (Paragraph 6) sought by the plaintiff and the designated parties.

The second paragraph is judged to be null and void automatically.

this Act

The requirements for graduation of the case were enacted in the course of integration between a permanent university and a Gyeongbuk University;

Now, most resident universities and persons related to each university (such as professors, teachers, students, etc.)

Although it appears that the protection of a third party is not particularly problematic, the requirements for graduation of this case are not particularly problematic.

If the plaintiff and the selected parties are not considered to be void a year, they are students of the economic, commercial and general department of the Gyeongbuk University.

this Act

It is reasonable to say that the requirements for graduation of the case are void automatically.

4. Conclusion

If so, the claim of this case by the plaintiff and the designated parties is reasonable, and it is decided to accept it.

It is so decided as per Disposition.

Judges highest milk or - - Other

A person shall be appointed.

- 10 -

A person shall be appointed.