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(영문) 서울행정법원 2015.10.30 2015구합65810

법학전문대학원 성적취소 조치사항 통보 취소

Text

1. The instant lawsuit shall be dismissed.

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

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. 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, 2010 of the same year, the Board of Audit and Inspection confirmed that the Plaintiff was absent on 10 occasions from 30 occasions among the subjects of “Civil Law 1” in the first semester of 2013, and notified the Defendant of the request for disposition of audit results demanding the Defendant to take a disposition related to the operation of school affairs of the Gyeongbuk-do Law School on March 13, 2015, as the Plaintiff failed to meet the requirement for attendance under Article 36 of the Regulations of Gyeongbuk-do University.

C. On April 15, 2015, the Defendant notified the president of the Gyeonggi-do University to the effect that eight relevant students, including the Plaintiff, should take measures to revoke the grade and submit the results of measures taken.

(hereinafter “instant notice”). D.

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

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

2. According to the facts of recognition as to the legitimacy of the instant lawsuit, the notification of the instant case is merely an act conducted within an administrative agency’s internal act and not externally conducted on the part of the Plaintiff who is the other party to the lawsuit, and thus, it does not constitute an administrative disposition subject to appeal, on the ground that the Defendant notifies or instructs the president of the Gyeongbuk National University to take measures against the Plaintiff.

The plaintiff may directly contest against the disposition of sexual change of the F credits taken by the president of the Gyeonggi-do University to the plaintiff and the disposition of refusal against the application for the revocation of the above sexual change.

In addition, the president of the Gyeongbuk University shall be the plaintiff.

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