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(영문) 서울행정법원 2015.01.08 2014구합16781
시험합격자결정처분및시험최종합격확인서발급행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant, as an institution entrusted with the management of the qualifying examination for licensed administrative agents by the Minister of Security and Public Administration pursuant to Article 8 of the Administrative Justice Act, publicly announced the first qualifying examination for licensed administrative agents on February 25, 2013 (hereinafter “instant examination”), issued a final confirmation of passing the examination to the applicants who were exempted from all of the examinations on June 29, 2013, and issued the final confirmation of passing the examination to the applicants who were exempted from all of the examinations on October 11, 2013 (the Defendant’s announcement No. 2013-128, and the Defendant issued the final confirmation of passing the examination to the applicants who were exempted from all of the examinations (hereinafter “instant first disposition”).

The "Disposition 2 of this case" is called the "Disposition 2 of this case

b. The plaintiff (hereinafter referred to as "the plaintiff et al.") is the plaintiff (including the appointed party);

) A person who has passed, or is preparing for, the instant examination. (In the absence of any dispute over the grounds for recognition, the entries in Gap evidence 5 and the purport of the entire pleadings.)

2. Determination on this safety defense

A. Defendant’s assertion 1) As to the disposition 1 of this case, the Plaintiff et al. dispute the validity of the pass-up disposition against a third party. Thus, even if a large number of applicants for the instant examination and the future examination are discharged, competition due to a factual and economic interest between administrative agencies is inevitable or accelerating, the Plaintiff et al. has already passed the instant examination, and thus there is no legal interest in seeking the cancellation of the instant disposition, since it is a person who is able to conduct the administrative agency pursuant to the administrative justice or who is able to conduct the administrative agency by passing the examination in the future. 2) As to the instant disposition 2 of this case, the instant disposition is merely incidental to the pass-up disposition, and it does not affect the legal status of the successful applicants. Thus, there is no disposition.

B. As to the Disposition 1 of this case

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