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(영문) 서울고등법원 2016.07.07 2015누68132
평가불인정처분취소청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition not to grant evaluation to the Plaintiff on January 27, 2015 is revoked.

3...

Reasons

1. Details of the disposition;

A. On December 2014, the Plaintiff applied for the assessment and recognition of 20 learning courses, including field training in social welfare, to the Defendant pursuant to Article 3(2) of the former Act on Recognition of Credits (amended by Act No. 13229, Mar. 27, 2015; hereinafter “former Act”).

B. On January 27, 2015, the Defendant issued a disposition not to evaluate the whole course of 20 learning on the ground that the operating condition points of the assessment field (the basic requirement field, the operational condition field, and the learning field) fall short of 105 points (70% of the total point of 150 points) and fall short of the standard point of 105 points (70% of the total point of 150 points).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection against the instant disposition with the Defendant, but was dismissed on April 1, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The Defendant violated Article 20(1) of the Administrative Procedures Act since the Defendant did not set and publicly announce the criteria for dispositions, such as allocation of points to each evaluation item applicable to the assessment and assessment, and thus, violated Article 20(1) of the Administrative Procedures Act. In addition, the Defendant merely expressed that the Plaintiff received 86 points in the area of operation circumstances while rendering the instant disposition, and did not specifically present the grounds for calculation of the above points and the grounds for deviation therefrom, thereby violating Article 23(1) of the Administrative Procedures Act. 2) The former Enforcement Decree of the Act on Recognition of Credits (amended by Presidential Decree No. 26549, Sept. 25, 2015; hereinafter “former Enforcement Decree of the Act”) contrary to the principle of statutory reservation, only provides the criteria for assessment of the qualifications of professors and instructors, and thus, the Defendant’s determination of the percentage of full-time professors or the part-time lecturer fee per teaching instructor in the area of operation conditions should be based on

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