(영문) 서울행정법원 2009.5.22.선고 2008구합46026 판결

The defendant's disposition of authorization to the Seoul National University and Korea National University on September 2, 2008 is revoked, respectively.

Reasons

1. Details of the disposition;

A. Status of the party

Plaintiff 1, 2 is a student of the law school of Korea University, Plaintiff 3 and 4 are students of the law school of Seoul National University, and the defendant is a person with a right to establish a law school under the Act on the Establishment and Operation of Law Schools (hereinafter referred to as the "Law School Establishment Act"), which was enforced on September 28, 2007.

(b) Process of implementing the professional law school system;

(1) In order to provide high-quality legal services in response to the various expectations and requests of the people, the Presidential Advisory Committee, as an advisory organization, had prepared preparation for the introduction of the law school system under the title of training legal professionals with professional and efficient knowledge and ability to resolve legal disputes based on professional ethics and values, and prepared a draft of the law on May 16, 2005.

(2) Based on the draft prepared by the Judicial Reforming Promotion Committee, the Defendant submitted the draft to the National Assembly on October 2005 after consultation with the relevant ministries and the process of gathering opinions from the academic world. The draft was decided on July 3, 2007 by the National Assembly and enforced on September 28, 2007.

(3) The defendant conducted two research service projects (205- - Designation 42 and KRF - 2005- KF - 2004-B0017) over four occasions in order to obtain authorization for the establishment of professional law schools and to establish evaluation indexes, and the Minister of the National Court Administration, the Minister of Justice, the President of the Korean Bar Association, and the President of the Korean Law School from August 2007 to October 2007 in relation to the total fixed number of admission at professional law schools.

(4) On October 5, 2007, the Defendant organized the Law School Education Committee to deliberate on matters relating to authorization for the establishment of a private teaching institute specialized in law pursuant to Articles 10 and 11 of the Act on the Establishment of Law Schools, and commissioned 13 members, including ○○○ (Professor at Law School, University, and University), ○○○ (Professor at Seoul University, University, and University), ○○ (Professor at Law School, University, and University), ○○ (Professor at Law School, University, and University, ○○, and ○○ (Professor at Jeonnam University, University, and University, University, and University,) as its members.

(1) On October 30, 2007, after deliberation by the Law School Education Committee, the Defendant publicly announced an application for authorization to establish a professional law school with the Ministry of Education and Human Resources Development No. 2007 ○○, and the main contents are as follows.

4. Total admission quota;

0 The total admission quota for professional law schools in 2009 shall be 2,000 persons.

5. Method of selection;

○ The purpose of training excellent legal professionals is to select them in consideration of regional balance.

○ The whole country is set up as five zones for each district under the jurisdiction of the high court and outstanding universities are located within each region.

A school with authorization for the establishment of a professional law school shall be selected.

○ Even when the university is authorized to be established within each region, balance among regions may be considered, but it is inappropriate as a result of the examination.

A person shall be appointed.

shall not be selected if it is determined.

○ Law School (including the fixed number of admission of each graduate school) shall be deliberated by the Law School Education Committee.

shall be authorized by the Minister.

6. Review and evaluation;

○ Evaluation shall be conducted according to the standards for examination of authorization for the establishment of professional law schools prepared after deliberation by the Law School Education Committee.

7. Announcement of a selected university;

○ Preliminary Authorization (Notice of Results of Examination of Establishment Plan): Flag on January 2008

○ Doz. : around September 2008

(2) On October 30, 2007, the Defendant announced the examination criteria for authorization of the establishment of a professional law school (referred to as "the examination criteria of this case"). On January 30, 2008, the Defendant introduced the preliminary authorization system and announced the contents that only the university which received the preliminary authorization should make an investment planned in teachers, facilities, etc. The examination criteria of this case consists of nine areas, such as education objectives, admission screening, curriculum, students, educational facilities, education facilities, finance, related degree courses, university competitiveness, social responsibility, etc., 66 items, 132 items, and the examination criteria for allocation of points by area of the examination criteria for authorization of establishment and related academic courses are as follows.

[The current status of marks allocated to each area of examination criteria for installation approval]

* Plan: 61.1%, performance: 30.9%, and plan performance: 8.0%

A person shall be appointed.

* In the field of the relevant degree course, measures to protect the academic rights of law students

subsection (b) of this section.

[Criteria for Review of Related Degree Courses]

(d) Application for authorization to establish a professional law school at Seoul National University and Korea National University;

A person shall be appointed.

On November 2007, the Seoul National University and the Korea National University applied for authorization of the establishment of a law school with the admission quota of 150 each to the defendant, and 41 universities applied for authorization of the establishment of a law school nationwide.

(e) Criteria for allocating admission quota to professional law schools;

(1) On December 14, 2007, the defendant comprehensively considered the number of admission at the law school, including population, total number of students in the region (GDRP), after the case, and balanced securing of legal professionals' emissions, with respect to the admission quota at the law school, it shall be distributed at the ratio of 52% to 48% in Seoul and local areas. The fixed number of admission allocated to Seoul and local areas in the course of the fixed number of admission by university according to the results of the examination may be adjusted within the range of 【5%. From December 2007 to January 208, 2008, the defendant submitted a fact-finding survey (written examination and on-site investigation) by the Law School Education Committee to determine and announce the preliminary authorization for establishment at the law school and after confirming the application for authorization for establishment of the law school, and announced the final plan on September 208.

(2) The Law School Education Committee conducted documentary examination and field investigation in accordance with the examination criteria of this case from around that time. On January 28, 2008, the distribution ratio of the fixed number of admission in the Seoul metropolitan area was 57%, and the distribution ratio of the fixed number of admission in the local area was 43%.

(f) Preliminary authorization for establishment of professional law schools;

On January 4, 2008, the Law School Education Committee assessed the university's application for authorization to be established in accordance with the standard of examination in this case and gave points to the university. On February 4, 2008, the defendant selected 15 universities including Drain Seoul National University (150 persons for allocation), Korea National University (120 persons for allocation: 120 persons), Korea National University (120 persons for allocation), and 10 universities and 25 universities for preliminary authorization.

(g) Authorization, etc. for establishment of professional law schools;

According to the results of on-site investigations and legal education committee on August 29, 2008, the Defendant selected 25 universities including Seoul National University and Korea National University as a professional law school establishment university, and determined the admission quota for each university. On September 2, 2008, the Defendant notified the pertinent university of the following measures: (a) on September 2, 2008, regarding admission screening, teachers, relevant degree courses, administrative matters, etc.; (b) the Defendant issued the instant disposition of authorization for establishment of each professional law school with respect to the Seoul National University and Korea National University (hereinafter “instant disposition”).

【Unsatisfyal grounds for recognition】 Insatisfy, Gap evidence 1 through Gap evidence 2-4, Eul evidence 1-1 through Eul evidence 6-3, the purport of whole pleadings

2. Determination on this safety defense

A. Party’s assertion

Article 8(1) of the Act on the Establishment of Law Schools provides that no school with a professional law school may have an undergraduate degree program on the law school, and Article 2(1)12 of the Enforcement Decree of the same Act provides that "measures against students of the law bachelor's degree program repealed at the time of application for authorization of the establishment of a professional law school" shall be submitted. Each of the above provisions is not purely for the protection of public interest, but for the protection of direct and substantive interests of the plaintiffs in the undergraduate law bachelor's degree program on the abolished law, and the plaintiffs claim that the plaintiffs are entitled to the revocation of the disposition of this case because they actually suffered disadvantage such as reduction or destruction of various facilities belonging to the existing law school of this case and infringement of their right to receive lessons from professors. Thus, the defendant did not have any legal interest infringed upon due to the disposition of this case. Thus, the plaintiff asserted that the disposition of this case is unlawful.

(b) Related statutes;

It is as shown in the attached Table related Acts and subordinate statutes.

C. Determination

Even a third party, who is not the other party to an administrative disposition, has a legal interest to seek revocation of the disposition, if there is a legal interest to obtain a standing to sue, the legal interest here refers to a case where there is a direct and specific interest protected by the applicable law of the disposition, and the case where only a third party, who is not the other party to an administrative disposition, has an indirect or factual interest, such as an abstract, average, and general interest commonly owned by the general public as a result of protecting the public (see Supreme Court Decision 94Nu3964 delivered on February 28, 1995, etc.).

Article 1 of the Act on the Establishment of Law Schools provides that the purpose of Article 1 is to train excellent legal professionals by prescribing matters concerning the establishment, operation, education, etc. of law schools, and Article 5 provides that the defendant shall obtain authorization after meeting the requirements for establishment of law schools which intend to establish law schools, and the defendant shall obtain authorization after deliberation by the Law School Education Committee. As such, it is reasonable to view that the law on the establishment of law schools was established for the public interest purpose of training friendly legal professionals through the establishment of law schools so that the people can receive high-quality legal services.

In addition, Article 8 of the Act on the Establishment of Law Schools provides that a school with a professional law school shall not have an undergraduate law degree program (Article 1). However, the above provision provides that students of existing law schools shall maintain undergraduate law schools for a considerable period of time to be systematically considered so that they may not suspend their studies (Article 2). The above provision provides that a professional law school has multiple major knowledge in the course of bachelor’s degree and, on the basis of the above provision, has established as soon as possible in line with the purpose of the establishment of a professional law school which provides specialized legal education, and at the same time, has the maximum side effects following the abolition of the law school, and it is difficult to view it as a basis for protecting the plaintiffs’ direct and substantive interests.

Furthermore, “Countermeasures against students of the abolished law bachelor’s degree course” (Article 2(1)12 of the Enforcement Decree of the Act) is one of the documents to be prepared to apply for authorization of the establishment of a law school, and for the purpose of minimizing side effects following the abolition of the law school, such as operating the law department in the form of a mere operation of the law department in the name of the university to be abolished, etc., the above provision is established to examine whether the university operates a temporary law department, and as a result, the above provision leads to the result to take into account the students of the existing law school, but its direct purpose is to protect the public interest, and its related party’s interest is merely an anti-private interest due to the protection of the public interest.

Therefore, the Plaintiffs, who are students of the Seoul National University and the Korea National University due to the instant disposition, are merely engaged in indirect or factual and economic interests with respect to the Act on the Establishment of Law Schools, and cannot be viewed as having a direct and specific interest protected by law. Accordingly, the Plaintiffs are not eligible to seek revocation of the instant disposition, and thus, the instant lawsuit is unlawful.

3. Conclusion

Thus, since the plaintiffs' lawsuit is unlawful, it is decided to dismiss all of the lawsuits, and it is decided as per the disposition.

Judges

Justices Kim Hong-do

Judges Park Jae-young

Judge Lee Yong-soo

Site of separate sheet

Related Acts and subordinate statutes

◆ 법학전문대학원 설치 · 운영에 관한 법률

Article 1 (Purpose)

The purpose of this Act is to train excellent legal professionals by prescribing matters concerning the establishment, operation, education, etc. of professional law schools.

Article 5 (Authorization, etc. of Establishment)

(1) A person who establishes and operates a school which intends to have a professional law school shall be teaching staff or a Si under Articles 16 through 20.

It shall meet the requirements for establishment of professional law schools, such as theory and curriculum.

(2) Where a founder or operator of a public or private university intends to establish a professional law school, the Minister of Education, Science and Technology shall establish such school.

. It shall obtain authorization prescribed by Presidential Decree among the matters of closure or authorization of the authorized professional law school;

The same shall also apply to the modification of important matters.

(3) Where the Minister of Education, Science and Technology intends to grant authorization for establishment, closure or modification under paragraph (2), he/she shall do so in advance.

(4) Where the State intends to establish a professional law school, it shall undergo deliberation by the Law School Education Committee (hereinafter referred to as the "Law School Education Committee").

The same shall also apply to cases where a driving school is closed or major matters prescribed by Presidential Decree are altered.

(5) Matters necessary for the procedures, etc. for authorization for establishment and closure and authorization for modification under paragraph (2) shall be prescribed by Presidential Decree.

Article 8 (Abolition of Bachelor's Degree Courses)

(1) No school with a professional law school may have an undergraduate law degree program.

(2) A school with a professional law school shall have an undergraduate law degree program relating to law before the opening of the relevant professional law school.

Where there are students at the relevant professional law school, academic affairs related to law from the year of the first admission of students at the relevant professional law school.

No person shall be allowed to enter a degree course.

(3) Notwithstanding paragraph (1), the law of the relevant school before the opening of a professional law school shall apply to a school with a professional law school.

Maintenance of bachelor's degree courses within the necessary extent for the education of students admitted to bachelor's degree courses.

section 22.

◆ 법학전문대학원 설치 · 운영에 관한 법률 시행령

Article 2 (Procedures for Authorization of Establishment)

(1) Public another person under the former part of Article 5 (2) of the Act on the Establishment and Operation of Professional Law Schools (hereinafter referred to as the "Act")

institution or operator of a private university shall, when it intends to establish a professional law school, submit a document stating the following matters:

An application for authorization to establish a professional law school with the Minister of Education, Science and Technology.

1. Objectives;

2. Name;

3. Location;

4. School regulations;

5. Current status of teachers (including concurrent teachers and invited teachers referred to in Article 9 (2)) and a plan for securing them;

6. A plan for securing the status and status of educational facilities under Article 10;

7. Curriculum and teaching methods;

8. The fixed number of students and plans for selection;

9. Scheduled opening date; and

10. Financial statements for the past three years at a school to be established at a professional law school: Provided, That three years have not passed since the establishment;

Universities and Colleges shall provide financial statements after its establishment

11. Financial management plans for professional law schools for the following three years, including tuition fees and entrance fees, and scholarships;

12. Measures for students of law bachelor's degree courses to be repealed;

13. A plan to operate a doctorate program or doctorate program relating to law established at a school at which a professional law school is to be established;

14. A professional law school development plan;

15. The Ministry of Education, Science and Technology concerning the establishment and operation of professional law schools, such as establishment of research courses and field practice programs.

Matters deemed particularly necessary by the Minister

(2) Upon receipt of an application for authorization for establishment under paragraph (1), the Minister of Education, Science and Technology shall grant authorization under Article 10 of the Act.

"The Law School Education Committee" shall request the deliberation on the application to the Law School Education Committee (hereinafter referred to as the "Legal School Education Committee"). The application shall be subject to authorization to be abolished under Article 3

The same shall also apply where an application for authorization of modification is filed under Article 2 (2).

참조판례

-대법원 1995. 2. 28. 선고 94누3964 판결

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