[1] The meaning and legal nature of "in the basic plan for admission screening of universities" in 2002 notified by the Ministry of Education and Human Resources Development

[2] Whether the university is obligated to conduct additional recruitment of new students until the university reaches the recruitment quota publicly notified in the recruitment recruitment course (negative)

[3] The case holding that the university may not conduct additional recruitment regardless of the contents of the public notice given to allow all subjects to pass the examination at the entrance examination, where the additional recruitment for filling the vacancy occurred due to unregistered applicants, but the additional recruitment for filling the vacancy is likely to considerably exceed the successful examination number due to excessive high score

[1] The purpose of the Ministry of Education and Human Resources Development, a public notice of 2002 school entrance screening system, is that it is permitted to recruit persons in excess of the initial recruitment quota if the number of persons admitted exceeds the fixed number in light of school conditions, etc. due to the conditions of the successful applicants.

[2] Even if the university has officially announced the recruitment quota in the recruitment outline related to the selection of new students, it does not necessarily have the obligation to conduct the additional recruitment until it reaches the recruitment quota, and the university can reasonably limit the recruitment quota in consideration of school facilities or educational conditions.

[3] The case holding that the university may not conduct the additional recruitment regardless of the contents of the public notice given to allow all subjects to pass the examination at the entrance examination, where the number of subjects passing the examination is likely to substantially exceed the successful candidates if additional recruitment is conducted to fill the vacancy due to the absence of registration, etc. in the selection of successful candidates in the first examination

[1] Articles 32 and 34 of the Higher Education Act, Article 32 of the Enforcement Decree of the Higher Education Act / [2] Articles 714 of the former Civil Procedure Act (amended by Act No. 6626 of Jan. 26, 2002), Articles 32 and 34 of the Higher Education Act, Article 29 of the Enforcement Decree of the Higher Education Act / [3] Articles 32 and 34 of the Higher Education Act

[2] [3] Supreme Court Decision 81Nu398 delivered on July 27, 1982 (Gong1982, 830) Supreme Court Decision 83Nu193 delivered on June 28, 1983 (Gong1983, 145)

A and five others (Law Firm Dakel, Attorneys Kim Yong-hoon, Counsel for the plaintiff-appellant)

School Foundation (Law Firm Slyang, Attorneys Park Jong-dong et al., Counsel for the defendant-appellant)

Seoul High Court Order 2002Ra247 dated June 28, 2002

All applications filed by applicants are dismissed.

In 202, applicants shall temporarily determine the status of successful applicants in the recruitment of new students of the Hanyang University, which is established by the respondent. The respondent shall allow the registration of successful applicants as successful applicants of the above medical college.

1. Basic facts

In full view of the records of this case and the whole purport of the examination, the following facts are substantiated:

A. Status of the parties

The respondent is a school foundation that establishes and operates the Hanyang University under its jurisdiction, and the applicants in 2002 of the above Hanyang University's art division (hereinafter referred to as the "artion division") also applied for the 217th year 2002-year 2002-year 2002-year 217 5 5 5 5 5 5 , but failed in the first selection and the first additional selection. However, if the second additional recruitment is conducted, the applicants are the persons who are in the first-class position.

(b) The number and status of solicitation publicly announced;

(1)The number of admission quota and the number of recruitment quota in 2002, among 12 successful applicants who wish to be selected in the recruitment type from time to time, are 120, and only eight successful applicants who want to be selected in the recruitment type from time to time, the Hanyang University publicly announced the recruitment quota of 112 persons in the recruitment outline for time to time (hereinafter referred to as the "Recruitment outline").

(2) At the announcement of the first regular successful candidates on December 29, 2001, the Hanyang University selected 138 persons more than the recruitment quota (112 persons) according to the college recruitment outline to select all the persons who have passed the recruitment system (112 persons), but only 105 persons were registered during the first registration period conducted from February 4, 2002 to February 5, 2002, and there were seven vacancies.

(3) On February 7, 2002, the Hanyang University decided to conduct the first additional recruitment for the above vacancy and added 8 persons with the first priority in the preliminary candidate through the announcement of the successful applicants for the first unregistered recruitment on February 7, 2002, but only 110 persons were selected due to the failure of 3 students to register, which eventually led to the occurrence of two vacancies.

C. Determination on whether to conduct secondary recruitments

(1)In 2002, the Ministry of Education and Human Resources Development, a public official of the Ministry of Education and Human Resources Development, determined that "the Committee for the Admission to the Hanyang University established in accordance with the Master Plan for the Admission to Universities and Colleges, shall not additionally select persons or limit the further number of persons to be selected to be selected within the recruitment number, taking into account the class environment and academic ability in relation to the further recruitment on February 28, 2002," and that "in accordance with this decision, where the number of persons who passed the highest score selected in the successful recruitment process at the time of the recruitment process exceeds the recruitment number after passing all the highest score selected in the recruitment process, the additional recruitment process shall be conducted to be selected within 10%

(2) If the second additional recruitment is conducted in the case of a medical department, the number of persons passing the second additional recruitment would reach 65 persons including all the applicants, and would exceed 10% of the total number of persons recruited.

(3)The Hanyang University failed to conduct the second additional recruitment of the Council in accordance with the decision of the Council, and accordingly the applicants were finally disqualified.

2. Judgment on the petitioner's assertion

A. As to the first argument by the applicant

(1) Summary of the assertion

(a)The Hanyang University published that, through the recruitment outline, the number of regular recruitments in the year 2002, the recruitment quota for each department is 112, all of the recruitments for each department shall be selected in the order of comprehensive results (general points), and that, from among those who failed to pass the recruitment, the unregistered vacancies shall be additionally recruited in the order of comprehensive results (general points) from among those who failed to pass the recruitment and that all persons who passed the recruitment system shall be selected on the date of implementation

(b)In the case of an expected division supported by the applicant, two unregistered vacancies have not been filled, even though the first additional recruitment was conducted.

(c)Therefore, the respondent has a duty to enter as a successful applicant the applicants for the first preliminary examination by conducting the second additional recruitment according to the recruitment requirements publicly notified.

(2) Facts of vindication

In full view of the records of this case and the whole purport of the examination, the following facts are substantiated:

(a)The Hanyang University, in 2002, shall be selected in the order of comprehensive results (general points) from among the applicants who failed to pass the recruitment system, by means of the screening method for the college recruitment outline, and shall be selected additionally in the order of comprehensive results (general points) from among the applicants who have failed to pass the recruitment system." The Department of the Jeonyang University, "The Department of the Jeonyang University, in the implementation of the recruitment system, shall select all the subjects who have passed the recruitment system, and the candidates to fill the unregistered vacancy shall be announced together with the preliminary order of the appropriate number for each recruitment unit at the time of announcement of the first successful candidate only in the case of the regular recruitment system."

(b)The Hanyang University publicly announced that "in the event of supplement to registration, it shall be notified by telephone to the university at the time of supplement to registration in the column of the above recruitment outline."

(c)The Hanyang University publicly announced that "the matters not specified in the above lecture shall be determined by the assessment principles for new students of the principal school and by the management committee for admission to the university" in the recruitment column for the above recruitment outline.

(d)The Ministry of Education and Human Resources Development, a master plan for the admission screening of universities in 2002, shall be determined by the Ministry of Education and Human Resources Development for the fair management of the admission screening of universities on the basis of Article 2 of the Higher Education Act and Article 32 of its Enforcement Decree, which shall be determined by the Ministry of Education and Human Resources Development, and each university shall organize a university admission management

(e)The above basic plan only provides for the period of the first unregistered additional recruitment, and provides that "the announcement and registration of successful applicants for the first unregistered recruitment after the registration period of successful applicants for the first unregistered recruitment shall be implemented voluntarily by the university, taking into account the level and regional characteristics of the university concerned."

(f)In addition, in the above basic plan, for the recruitment system, "if there have been a small number of persons who passed the recruitment examination at the time of the conditions of successful candidates, they can be recruited more than the initially planned number of persons, limited to the highest number of persons who have passed the recruitment examination, which shall be limited to the highest number of persons who can be utilized, and the inevitability or necessity thereof shall be sufficient to understand," and it shall be determined that "a vacancy caused by insufficient or unregistered recruitment shall be carried forward to the following school year or the following semester.

(g)If the two additional recruitments are conducted in order to fill the unregistered vacancies, 65 preliminary recruitments shall be selected as successful candidates in the case of the Department of Arts in order to fill the two vacancies. In the case of the Department of Technology in the University, 63 preliminary recruitments shall be required to fill the 15 vacancies; in the case of the Department of New Engineering in the University of Science, 70 persons to fill the 15 vacancies; in the case of the Department of New Engineering in the University of Science, the 34 persons to fill the 7 vacancies shall be selected as successful candidates.

(h)For the art department, various educational assistance facilities, such as practical space, lecture space, professors and teaching staff, are essential due to the nature of the department, and the art department of the College of Hanyang University, such as practical space, lecture space, teaching staff, etc., are secured up to 120 persons.

(i)In the event of the second additional recruitment, the number of persons to be selected for the year 2002 of the Council shall be more than 183 persons, if many, exceeding 50 per cent of the prescribed number of persons, and in this case the number of persons to be selected for the following school year shall be reduced to 57 (120 persons) persons, depending on the successful recruitment system.

(3) Determination

(A) In full view of the above facts, it is interpreted that the recruitment system set forth in the basic plan for the recruitment of new students in the Hanyang University, which is based on the basic principle for the recruitment of new students, is permitted to be recruited in excess of the initial recruitment quota in light of the school conditions, etc. in the circumstance of successful applicants. ② The meaning of 'the selection of all subjects on the successful candidate' publicly notified by the Hanyang National University according to the recruitment schedule is merely that where a successful candidate is actually selected by the Hanyang National University, the number of subjects shall be selected if the successful candidate is determined, and it shall not be deemed that the remaining registration recruitment system shall be conducted until the completion of the recruitment quota if the unregistered vacancy occurs. ③ Even if the recruitment quota was finally announced in the recruitment outline, it shall not be deemed that there is a duty to perform additional recruitment until the arrival of the recruitment quota, but it shall be reasonably restricted in consideration of the school facilities or educational conditions.

Therefore, in 202, the 2002-year college entrance recruitment process announced by the Hanyang University is stipulated as passing all of the highest students in the course of conducting the additional recruitment process, and does not explicitly stipulate whether the second additional recruitment process should be conducted in the case of a unregistered vacancy in the first additional recruitment process. Therefore, it is reasonable to view that whether to conduct the second additional recruitment can be independently determined by the Korea National University entrance recruitment management committee in accordance with the principle of the situation of new students and school regulations, as publicly notified in the recruitment process.

(b)In accordance with the above vindication of the facts, the decision that the Korea National University Admission Management Committee decided not to conduct the second additional recruitment in this case shall be determined by a legitimate decision made within the reasonable discretion, comprehensively taking into account all the circumstances, such as the university's facility or educational environment, the admission screening for the next year, and the future educational environment and teaching methods.

(c)If so, the above assertion by the applicants asserted that the applicants, the first priority in the recruitment for additional recruitment, are obligated to be admitted as successful applicants by conducting the second additional recruitment in accordance with the recruitment outline publicly notified by the Hanyang University established by the respondent on the different premise is not acceptable.

B. As to the remaining arguments by the applicants

(1) The applicant asserts that it is unreasonable to not conduct the secondary recruitment by taking into account the above 65 persons even if they pass all 65 persons, but it is difficult for the university to predict it as it is difficult for the university to confirm the successful applicants' registration in advance, and considering the situation that some unregistered persons may resume when considering the preference of the art department and the number of persons exceeding 65 persons, the respondent's failure to conduct the secondary recruitment cannot be deemed to be unfair, so the above argument of the applicant is without merit.

(2) The applicant asserts that once again, the recruitment method of Hanyang University is multi-level selection method, the recruitment quota should be recruited through the selection by phase. However, in light of the facts and records revealed earlier, it is difficult to recognize that Hanyang University has taken multi-level selection method. Therefore, the above argument is without merit.

(3) The applicant asserts that, upon the end, the Hanyang University was obligated to pass a preliminary candidate in the event of unregistered vacancies through e-mail (e-mail) and the Internet homepage, and accordingly, the applicant is obligated to pass the preliminary candidate. However, according to the record, the above questioning reply is merely limited to the expression of opinion by the person in charge within the scope of his/her own knowledge, and it cannot be deemed as an expression of intent which has legal binding force, and therefore, the applicant's above assertion is without merit.

3. Conclusion

Therefore, the applicant's application for provisional disposition of this case is dismissed as it is without merit because the right to preserve is not clearly explained. It is so decided as per Disposition.

Judges Lee Sung-ho (Presiding Judge)