1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On March 25, 2017, the Defendant conducted the first test for industrial safety instructors (construction safety) (hereinafter “the first test of this case”).

(b) In cases of the preliminary examination, persons who gain not less than 40 points out of 100 in each subject and an average of not less than 60 points in all subjects shall be selected as those who pass the preliminary examination.

(Article 33-16 (1) of the Enforcement Decree of the Occupational Safety and Health Act)

The plaintiff applied for the first examination of this case, and the average score was higher than 64 points, but it was less than 36 points that are less than 40 points that are the successful score for each subject in the joint essential III (corporate review and guidance) subjects.

On April 26, 2017, the Defendant rendered the instant disposition of failure to pass the first test on the ground that the Plaintiff acquired points less than the standard points in the joint essential III (corporate review and guidance) subject.

E. On March 30, 2019, the Plaintiff passed the 9th Industrial Safety Instructor’s first examination conducted by the Defendant.

F. On January 6, 1995, the Plaintiff acquired the qualification of a professional engineer for civil construction and exempted from an essential test (the second test for industrial safety instructors) in the field of construction safety in accordance with Article 52-3(2) of the Occupational Safety and Health Act, Article 33-15(1) and attached Table 12 of the Enforcement Decree of the Occupational Safety and Health Act.

(g) To acquire qualifications as an occupational safety instructor, a third-party examination shall be passed;

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 9 (including each number), the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. We examine ex officio the legitimacy of the instant lawsuit ex officio.

In full view of the provisions of Article 52-3 of the Industrial Safety and Health Act and Article 33-14 and Article 15 of the Enforcement Decree of the Industrial Safety and Health Act, even if the first examination for industrial safety instructors has passed, it shall be entitled to apply for the third examination for those who have acquired the qualification of the professional engineer for civil construction like the plaintiff