대학수학능력시험 무효처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 17, 2016, the Plaintiff applied for the College Ability Test at Seoul High School (Seoul High School) in 2017, and applied for the examination without submitting a portable phone (hereinafter “instant phone”) to the supervisor on the date of the examination.
On November 17, 2016, the Defendant submitted the “written statement of Cheating” to the effect that the Plaintiff was a portable telephone device from the Plaintiff, and that the Plaintiff was found to have committed an unlawful act; ② the Plaintiff was found to have committed an unlawful act; ③ the Defendant requested the supervisor to hear the small noise of vibration at the middle of the examination and take measures therefor.
④ On November 28, 2016, the Defendant held a meeting of the Committee for Deliberation on Illegal Acts in 2017, and deliberated on the mere possessor of a portable phone, etc. among the Cheating discovered at the study ability test site, only the relevant test becomes null and void, and notified the Plaintiff of the result of the deliberation on December 2, 2016.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 9, purport of the whole pleadings
2. Whether the disposition is lawful;
A. Article 34(3) of the Higher Education Act provides that “The Minister of Education may conduct a test prescribed by Presidential Decree in order to utilize it as admission screening data.” Article 34(4) provides that “The Minister of Education shall invalidate the test for a person who commits an unlawful act in the test under paragraph (3) and shall suspend the person’s application for the test for a year following the year in which the date of the test falls: Provided, That the Minister of Education shall not suspend his/her application for a person who commits an minor unlawful act prescribed by Presidential Decree, such as holding or bringing in prohibited goods for fair management of the test,
On the other hand, Article 6 (1) of the Act on the Handling of Cheaterstic Ability Test is in the examination.