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(영문) 울산지방법원 2020.10.22 2019구합686
국가기술자격검정응시자격정지처분취소
Text

On July 25, 2018, the defendant's disposition of suspending the qualification for the three-year national technical qualification against the plaintiff is revoked.

Reasons

Details of the disposition

A. Pursuant to Article 23(2) of the National Technical Qualifications Act and Article 29(4) of the Enforcement Decree of the same Act, the Defendant is an institution entrusted by the Minister of Employment and Labor with the affairs pertaining to the execution of the examination for the electric technical field to conduct the examination for the electric technical field, and the Plaintiff is an examinee who applied for the examination for the performance test for the electric technical field conducted in B on September 13, 2017 (hereinafter “instant examination”).

나. 이 사건 시험은 제1과제의 경우 PLC작업(노트북을 활용한 전기 시퀀스 회로의 프로그래밍 작업), 제2과제의 경우 판넬에 전기배선 작업으로 구성되는데, 제1과제는 2시간, 제2과제는 4시간 동안 이루어지고, 제1과제는 수험생들이 직접 가지고 온 개인 노트북을 활용하여 작업이 이루어지게 된다.

C. The operator D of the Internet Carbook related to the examination of this case recruited the examination participants to participate in the unlawful act in the examination of this case against the above carpet members, thereby allowing them to visit the first place to the Kakakao Kakao Stockholm group room (hereinafter “the bar page of this case”). The examination of this case was installed in the Nohbuk, which is to be used by the examination subjects at the examination site, and thereby committing an unlawful act concerning the examination of this case by posting the answer sheet to the question during the practical examination or posting the answer sheet on the bar page of this case.

The Plaintiff participated in the instant flood room, and the Plaintiff’s mobile phone data usage was confirmed on the date of the instant examination.

E. On July 25, 2018, the Defendant rendered a disposition to restrict the Plaintiff’s eligibility for national technical qualification (hereinafter “instant disposition”) for three years (from July 16, 2018 to July 15, 2021) on the ground that the Plaintiff committed an unlawful act in the instant examination.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The case.

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