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

A. On May 10, 2016, the Plaintiff submitted to the Defendant an application for non-qualification examination for secondary school principals pursuant to Article 23 of the Decree on the Qualification Examination for Teachers and Article 9 of the Enforcement Rule of the same Decree.

(hereinafter “instant application”). (b)

On May 17, 2016, the Defendant rendered a disposition to the Plaintiff rejecting the instant application on the ground that the Plaintiff did not constitute a “person with high school awareness net” as set forth in subparagraph 2 of the Annex II of the Elementary and Secondary Education Act (attached Table 1).

(hereinafter referred to as “instant disposition”)

C. On June 3, 2016, the Plaintiff filed a petition review with the Appeal Commission for Teachers seeking revocation of the instant disposition, but the Appeal Commission for Teachers decided to dismiss the said claim on July 27, 2016, and the said decision was served on the Plaintiff on August 12, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) falls under “a person who has at least nine years’ educational experience or educational administration experience” as prescribed in subparagraph 1-c of the attached Table 2 of the Decree on the Qualification Examination for Teaching Staff (Attachment Table 2), and the Defendant must recognize the Plaintiff’s qualification as principal. Nevertheless, the Defendant voluntarily rejected the instant application on the ground of the person with high school school morality as prescribed in subparagraph 2 of the attached Table 1 of the Elementary and Secondary Education Act [Attachment 1]’s disturbance of principal of secondary school. 2) The Defendant rejected the instant application on the ground of the Plaintiff’s past deprivation of the Plaintiff’s past principal’s qualifications, the history of hiring the principal on behalf of the principal, and the suspicion of destruction of accounting-related documents, which constitutes a deviation

(b) Entry in the attached Form of relevant statutes;

C. Judgment 1

A. As to the assertion 1, the administrative act of judgment is related to the existence and scope of the discretion, so-called binding act or discretionary act, and discretionary act or discretionary act.