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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant, as an institution entrusted by the Minister of Security and Public Administration with the management of the qualifying examination for licensed administrative agents pursuant to Article 8 of the Administrative Justice Act, announced the first qualifying examination for licensed administrative agents on February 25, 2013 (hereinafter “instant examination”), announced the first qualifying examination for licensed administrative agents on June 29, 2013, and announced the successful applicant on December 11, 2013 (the Defendant announced the successful applicant’s announcement No. 2013-128, and announced the successful applicant’s announcement to 66,194, among the successful applicants’ announcement (hereinafter “instant disposition”).
B. The Plaintiff is a person who passed the instant examination.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 (including branch numbers), and the purport of whole pleading
2. Determination on this safety defense
A. The plaintiff's assertion is arguing the validity of the pass-up disposition against a third party, and it is inevitable to compete with the factual and economic interests between administrative agencies as the successful applicants in the examination of this case and in the future examination of a large number of qualifying examination for administrative agencies are released.
Even if an environment is created or accelerating, the plaintiff is a person who has passed the examination in this case and is able to conduct the affairs of a licensed administrative agent under the administrative justice. Therefore, there is no legal interest in seeking confirmation of invalidity of the disposition in this case.
B. Article 35 of the Administrative Litigation Act provides that "a lawsuit seeking confirmation of nullity, etc. may be instituted by a person who has a legal interest in seeking confirmation of validity or existence of a disposition, etc." The term "legal interest" refers to a direct and specific interest protected by the relevant Act based on the relevant administrative disposition, and it does not include cases where it is an indirect or factual interest in relation to the relevant administrative disposition, but it does not include cases where it is a third party who is not the direct counterpart of the administrative disposition.