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(영문) 서울행정법원 2017.04.27 2016구합77575
불합격처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff passed the first examination for certified fire-fighting and safety educators on May 2014, and applied for the second examination on August 6, 2016 (hereinafter “instant examination”).

B. In the instant examination, the points of each subject of the two subjects of the theory of pedagogy and the theory of pedagogy of pedagogy are at least 40, and the average point of two subjects is at least 60.

C. However, on October 5, 2016, the Defendant: (a) stated the Plaintiff’s name “A” in a practice place within the Plaintiff’s answer sheet; (b) deemed that the subject of the education and private teaching institute’s subject falls under “A” among the subjects of the examination, and deemed that the subject of the examination constitutes “a specific person” and deemed that the Plaintiff received an average of 30.83 points (60.60/2) of the subject of the two subjects, thereby failing to pass the examination.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Before the commencement of the instant test, the test supervisor of the Plaintiff asserted that he was the examination inspector of the body that the written instruments were well emitted from the examination students, and the Plaintiff stated the name of the first head of the annual wetlands immediately after the front cover.

However, since practice is not subject to grading but can not be seen as the answer site, the act of recording the name in the practice site does not constitute “the act of expressing that the name is a specific person in the part other than the column for recording the personal information of the answer site” that is prescribed to be processed at 0 points in the p

Even if the practice place is included in the answer site, the matters entered in the practice site are not to be marked. Therefore, the entry of the annual wetlands should not be affected by the marking, and the test supervisor did not explain that it is included in the practice guidance answer site, thereby causing confusion to the examinees.

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