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(영문) 서울행정법원 2015.11.27 2015구합61368
평가인정불합격처분취소
Text

1. On January 27, 2015, the Defendant’s failure to comply with an application for evaluation and assessment by a distance-based study unit to the Plaintiff.

Reasons

1. Details of the disposition;

A. At around 2007, the Plaintiff established a “panty remote lifelong education center” and operated the distance lifelong education curriculum by obtaining evaluation recognition from the Defendant pursuant to the law on recognition of credits, etc.

B. On June 16, 2014, the Plaintiff applied for re-evaluation of the total of 41 learning subjects to the Defendant.

C. On January 27, 2015, the Defendant, on the ground that the Plaintiff failed to pass all of the learning courses applied by the Plaintiff on the ground that the operating conditions fall short of the Plaintiff.

(hereinafter referred to as "disposition of this case") d.

The Plaintiff filed an objection on February 5, 2015, but the Defendant responded to the purport that there is no change in the results of the expert examination on April 1, 2015.

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

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. Article 20(1) of the Administrative Procedures Act provides that an administrative agency shall determine and publicly announce the necessary disposition standards in detail in light of the nature of the relevant disposition. Article 20(2) of the same Act provides that an administrative agency may choose not to publicly announce the disposition standards in cases where the publication of the disposition standards under paragraph (1) is difficult in light of the nature of the relevant disposition or where there are reasonable grounds to deem that the public

B. As to the criteria for assessment recognition, Article 3(5) of the former Act on Recognition of Credits (amended by Act No. 13229, Mar. 27, 2015; hereinafter “Recognition of Credits Act”) provides that “qualifications for professors or instructors who serve as the basis for recognition of recognition, and the contents of learning facilities and learning courses shall be prescribed by Presidential Decree.” Article 5 of the former Enforcement Decree of the Act on Recognition of Credits (amended by Presidential Decree No. 26549, Sept. 25, 2015; hereinafter “Enforcement Decree of the Act on Recognition of Credits”) outlines the criteria for assessment recognition under each subparagraph of paragraph (1).

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