Plaintiff 1 and one other (Law Firm Jina, Attorneys Yoon-won et al., Counsel for the plaintiff-appellant)

[Defendant-Appellant] Republic of Korea 1 (Law Firm two others, Attorney Kang Jong-sik, Counsel for defendant-appellant)

September 15, 2005

Seoul Central District Court Decision 2003Da137096 Delivered on December 1, 2004

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendants pay to each of the plaintiffs 5,00,000 won with 5% interest per annum from October 16, 2004 to October 13, 2005, and 20% interest per annum from the next day to the day of full payment.

2. The plaintiffs' remaining appeals are dismissed.

3. The total costs of the lawsuit shall be ten minutes, and one of them shall be the defendants, and the remainder shall be borne by the plaintiffs respectively.

4. The portion of payment of the amount under paragraph (1) may be provisionally executed.

The judgment of the first instance is revoked. The defendants pay to each of the plaintiffs 100,000,000 won with 20% interest per annum from the day following the delivery date of the copy of the claim and cause modification application of this case to the day of complete payment.

1. Basic facts

The following facts may be acknowledged, without dispute between the parties, by taking into account the following facts: Gap evidence 1-1, 2-2, Gap evidence 2-1, 6-2, Gap evidence 7-1, 2, Eul evidence 10, Eul evidence 10, Eul evidence 2-2, Eul evidence 3-2, Eul evidence 3-2, Eul evidence 4, Eul evidence 5, Eul evidence 6-1, 2-2, Eul evidence 7-1, and Eul evidence 7-2, and the results of the fact-finding conducted by the court of first instance with respect to the president of the Daegu University of the first instance.

A. The Plaintiffs are those applying for the College Ability Test (hereinafter “AD”) in 2003, and the Defendant Institute of Korean Institute of Education is a corporation established to research and develop the curriculum of elementary, middle, and high schools, teaching methods, and curriculum books based on the Act on the Establishment, Operation, and Fostering of Government-Funded Institutes, Etc., and to conduct various evaluations in connection with curriculum such as elementary, middle, and high school education evaluation and the College Ability Test.

B. In accordance with Article 34 of the Higher Education Act and Article 36 of the Enforcement Decree of the same Act, the water performance test is conducted by the Minister of Education and Human Resources Development (hereinafter referred to as the "Ministry of Education and Human Resources Development") of the defendant Republic of Korea (hereinafter referred to as the "Ministry of Education and Human Resources Development") in accordance with the regulations on delegation and entrustment of administrative authority, the defendant Institute of Education and Human Resources Planning established a detailed implementation plan on technical matters, such as the field of examination, preparation questions, examination time, examination time, preparation form, and sexual notification, which is entrusted by the Minister of Education and Human Resources Development, and is conducted once a year.

C. On October 19, 1998, the Ministry of Education and Human Resources Development announced a proposal for the improvement of the enrollment system in 2002. Among its contents, it presented the entry environment where the influence on the decision of admission is significantly low even when using only the minimum qualification or the points are used, and examined the improvement of the system. Under the basic premise, the water performance test is to maintain the current framework and partly supplement the system, but the minority points introduced on the ground that it is the improvement of the dial power, which are the main contents of the test, can distort the dys, and "abrance" was abolished, and "abrance is to abolish the total points to prevent the dystining into the general dys, mark points only by area, and reflect them according to the recruitment unit," and "abrance is also provided along with the points that can be used as the grade system."

D. Accordingly, in determining the score system of the 2002 E.S. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. for E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. for E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.M.M.M.M.’s abolition of EMMMMMM for E.M. 2002, considering that it reduced the number of E.M.E.E.E.).

E. The Ministry of Education and Human Resources Development announced a master plan for university entrance screening in August 31, 2001 on August 31, 2001 pursuant to Article 36(2) of the Enforcement Decree of the Higher Education Act by Defendant Korea Institute of Education and Human Resources Development (Ministry of Education and Human Resources Development) pursuant to Article 2001-8 of the Ministry of Education and Human Resources Development notification, and announced the implementation plan for university entrance screening in March 28, 2002 by Defendant Korea Institute of Education and Human Resources Development in March 203, 2002. Among them, the following matters are relevant to the allocation, sexual indication, and notification for each area of a water testing:

ο 시험영역

Languages, repairs, foreign languages, social search centers, scientific search centers, foreign language (English) and 2 foreign languages;

ο 문항당 배점

Language Points - 1.8, 2, 2.2

Point - 2, 3, 4

-1, 1.5 points, and 2 points in social search centers, scientific research centers, foreign language (English) and second foreign language areas;

ο 성적표시

The report of the results of the examination shall be marked by distinguishing the subjects applied for by the examination and the field of the examination.

In each area, the original score and its percentage point, standard point, standard conversion point and its percentage point, standard conversion point and their percentage point, grades by area and comprehensive grade in five fields [referring to the score that does not indicate the total point, the original point is simply the combined points assigned to the text, the percentage point gives the mark that is lower than the score (original and conversion standard point) obtained by one examinee among all applicants in the field, the standard point that gives the percentage point to the examinee who has obtained a lower percentage than the score (original and conversion standard point) obtained by one examinee out of the total number of applicants in the field, the standard point means the point that each individual indicates a distance less than the average datum point by the standard part (referring to the point that indicates both the average datum number of each individual in the standard part column), and the converted standard point means the point that gives the weight that is given according to the percentage of the Collegetic Ability Test in the standard part).]

The second foreign language score shall be indicated with the original score, the standard score, the percentage point, and the grade based on the standard score, but the name of the subject shall not be indicated (the second foreign language shall not be reflected in the comprehensive grade).

The results of each area shall be marked as a fixed number by reflecting the scores below the decimal point, but only the original score column shall be marked as the first decimal point.

The grade shall be determined at the second decimal place (round the second decimal place) of the converted standard score, and the highest grade in the boundary line of the grade shall be treated as the second higher grade.

ο 성적통지

The grade notification table shall be issued to the applicant through a City/Do Office of Education or a high school from the place of origin, and the grade table shall be distributed to the relevant high school through the City/Do Office of Education.

ο 성적 전산자료 배부

The university or college shall distribute sexual data (ROM) directly in the defendant Institute of Korean Curriculum Evaluation and Planning so that it can be used as admission screening data (no candidate need to submit a report of results to the university) and sexual data (ROMM) provided to the university or college shall be processed by adding up the scores below the decimal point even in the case of the datum number to the number of datum.

F. Meanwhile, in order to select new students pursuant to Article 34(1) and (2) of the Higher Education Act and Article 35 of the Enforcement Decree of the same Act, the university can utilize as admission screening data any academic performance records, such as records of high school life register, results of a water performance test, results of a college examination (referring to written examinations, such as debate, interview and oral tests, physical examinations, practical and experimental tests, practical and experimental tests, and aptitude and personality tests for the teaching profession), and records of non-academic performance, such as a letter of self-introduction, and may autonomously determine whether to reflect such screening data, standards of reflection, method of reflection, and reflection ratio.

G. The year 2003 of 2003 with the art department of the Gansan University (hereinafter “Tangu University”) supported by the Plaintiffs was also selected in order of high-ranking braille by reflecting 60% of the results of the water performance test in the case of regular general screening, and 40% of the school records (hereinafter “in-depth grade”) (hereinafter “in-depth grade”). The water performance test result reflects the number of datum in the repair area, social search area, scientific search area, and foreign language area, and is calculated by adding 50% weight to the repair area and adding 10% of the acquisition score in the case of a natural course applicant (in the case of a natural course applicant, this is omitted).

H. In 2003, Plaintiff 1 applied for a hydro testing natural department, and Plaintiff 1 applied for language 96 points, 75 points in the repair field, 45 points in the social search area, 69 points in the scientific search area, 75 points in the foreign language field (in addition to the indication of white decentralization points based on original points, standard point, conversion standard point, white decentralization point based on conversion standard, classification by area, and comprehensive grade point, hereinafter the same shall apply). Plaintiff 2 acquired language 88.4 points, repair area, 75 points, 77 points in the social search area, 43 points in the social search area, 69 points in the foreign language field, 77 points in the foreign language field, and all of the above points were 9 points and 9 points in the total number of 39 points were 9.46 points and 97 points were converted based on each of the above points 9.39 points and 9.980 points.

I. On the other hand, the non-party who applied for the Daegu Korean Institute of Curriculum, like the plaintiffs, obtained respectively 78 points in language area, 77 points in water field, 43.5 points in social search area, 65.5 points in science investigation area, and 76.5 points in foreign language area, which were 4 points in social search area, 66 points in science investigation area, and 77 points in foreign language area based on the above notified sexual records. However, the non-party, who applied for the Daegu Korean Institute of Curriculum as well as the plaintiffs, acquired 44 points in social search area, 66 points in science investigation area, and 77 points in foreign language area. Based on the above notified sexual records, the total points that were 567.19 points in water-related examination reflected in the water-related examination were 567 points in the water-related examination and 397.50 points in science investigation area, and passed 97.2.00 points in each of the above notice.

j. The Defendant Korean Institute of Education and Planning maintained the same system as the 2003-year examination time, text questions, scope of setting questions, etc. from the 2004-year examination. However, the original score for each area shall be indicated as a full number, and the original score for each area shall be indicated as a full number, and the percentage point based on the original score shall be indicated as a full number, and the original score for each area shall be expressed as a full number, and all the percentage point based on the conversion standard score and the conversion standard score shall be expressed as a full number at the first decimal place, and the same score as the score notified to the examinees in the CDM provided to the university shall be indicated.

2. Judgment on the assertion

A. The parties' assertion

(1) The plaintiffs did not notify each university of the number of datum calculated up to less than the decimal point in the year 2003 when notifying each university of the water performance test scores, but did not notify only the number of datum calculated up to the decimal point. The Minister of Education and Human Resources Development affiliated with the defendant Republic of Korea did not correct the above illegal act of the defendant Korean Institute of Education and Human Resources Evaluation and Human Resources Development under the defendant's Korea Institute of Curriculum Evaluation and Human Resources Development, which caused the plaintiffs to implement without correcting the above illegal act. The plaintiffs in the year 2003 university admission screening led the plaintiffs to fail to pass the examination in the year 203 university admission screening. Thus, the defendants claim that they

(2) As to this, the Defendants calculated the performance test results as a full number and offered them to each university and college, based on the policy value judgment that prevents the uneducational phenomenon where the scores below the decimal point by reducing the ability test results and inducing them to reflect diverse and specialized factors in the university admission screening. This is a matter belonging to the discretion of the Minister of Education and Human Resources Development and the defendant Korean Institute of Curriculum Evaluation and Evaluation and Planning related to the implementation of the performance test. Since the exercise of discretionary power complies with the content, procedural, rationality and fairness, the Defendants’ claim by the defendant Korean Institute of Curriculum Evaluation and Planning based on the premise that the act of providing them to the university is unlawful.

B. Determination

(1) Under Article 34(3) of the Higher Education Act and Article 36(3)2 of the Enforcement Decree of the same Act, the Minister of Education and Human Resources Development, in order to utilize it as screening data for university admission; however, according to Article 44(3)2 of the Regulations on Delegation and Entrustment of Administrative Authority, he/she may entrust the following affairs related to the examination to the Director of the Education and Human Resources Evaluation Institute of the defendant Institute of Curriculum, i.e., the preparation of the examination, the marking and the notification of the results (a) and the formulation and implementation (b) of the detailed implementation plan in accordance with the examination basic plan for the examination. The Minister of Education and Human Resources Development and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education and the Institute of Education entrusted with the above affairs related to the examination to establish a wide discretion to the extent recognized by the above Acts and subordinate statutes.

Therefore, as a matter of principle, the preparation of examination questions, allocation of examination points per literature, evaluation and measurement of grade shall be based on the discretion of the defendant Korean Institute of Education, Human Resources Development and the Institute of Education, Science and Technology entrusted with the preparation and management of examination ability tests, and the examination scores obtained by the examination students shall be determined based on the existing university entrance screening practices that show a small number of points, and the examination scores obtained by the examination students shall be determined based on several points, so as to lower the influence of the examination scores on the decision of admission and reflect various screening elements, it is determined that the so-called small number closure policies implemented according to the policy decisions that encourage the examination examination scores to lower the influence of the decision of admission and reflect various screening elements, but it is within the scope of such discretionary power.

However, it is not a way to abolish the minority point itself in implementing the policy of abolition of the minority point, but it is not a way to maintain the allocation method of the minority point and to calculate the number of datum point below the decimal point as in this case, but it can be the legal basis for which the Minister of Education and Human Resources Development grants the authority to give the authority to give the preparation and allocation of a waterway test, but it is difficult to give the authority to arbitrarily process or change the results according to such setting and allocation. On the other hand, if the number of datum point below the decimal point is calculated according to its fixed answer, it is inevitable to expect that it is inevitable to reflect the number of datum point obtained by itself in the college entrance, as it is, in the case of the examination, the number of datum point below the decimal point below the decimal point, and it is difficult to give the authority to give the Minister of Education and Human Resources Development with the authority to give the authority to give the authority to give the preparation and allocation of a waterway test, but it can be easily expected that the number of datum point below the decimal point will not be reflected in the examination area of university entrance or management.

However, it cannot be said that it is inevitable for the university to notify the university of the points that are less than the datum point to maintain the decimal point below the decimal point and set up the decimal point below the decimal point in 2004 (the plan of the Ministry of Education and Human Resources Development has also been abolished, and the plan of the first Ministry of Education and Human Resources Development has also been abolished and the number has been implemented from the 2004, the same shall apply to the above). The defendant Korean Institute of Education and Human Resources Planning to abolish the minority point when it is requested by the Ministry of Education and Human Resources Development to abolish the principle of abolition of the minority point due to the abolition of the minority point, and even if it is requested by the Ministry of Education and Human Resources Development to abolish the minority point, it cannot be said that it is difficult for the university's institute to give a rapid disadvantage to the public interest due to the rapid change in the examination system due to the result of the examination to minimize the confusion of the examination result due to the examination result due to the lack of the examination.

On the other hand, even if the defendant Korean Institute of Education notifies the university of the number of datum as it is, it can be seen that the reverse phenomenon may occur by means of reflection at the time of vertical conversion according to the reflection rate at each university entrance time. Thus, it is inevitable to go off to a specific place in the administration of the examination because there are more than one decimal point in the numerical conversion according to the reflection rate at each university entrance time. In this case, it is inevitable to go off to a certain place in the examination management. The question is whether to go off from a certain place in the examination management. However, since the original score of the water performance test in this case was assigned to a small number, it is inevitable to go off to manage the water performance and others (However, it seems that the defendant's assertion is groundless to go off the test management standard).

In addition, the Ministry of Education and Human Resources Development (Ministry of Education and Human Resources Development) established the 2002 academic year and the 2003 academic year examination plan (referred to only the 203 academic year in this case) to ensure that the plaintiffs suffered losses by notification of the fluence test scores of the defendant Korean Institute of Education (the 6th academic year in this case is referred to as the 6th academic year in college entrance examination scores) and that the 6th academic year in college entrance examination scores were lower than the 6th academic year in college entrance examination scores, and that the 3th academic year score was lower than the 6th academic year in college entrance examination scores, and that the 6th academic year score was lower than the 3th academic year in college entrance examination scores, which were notified to the plaintiffs in the 200th academic year after which the 6th academic year examination scores were applied, and that the 2th academic year score was lower than the 3th academic year score.

Plaintiff 12 Non-Party 75 777 Social Search Organization (43.5) 45 444 (65.5) 796 66 (65.5) 7577 (76.5) 76 7577 (76.5) 264 264 (2) 264 (50%) 301.5 302.5 302.5 3025 (301) 989.3989 9989 49.5 9698 (94.39.549) 99.5 19995 (94.49.694.989) 19. 196. 25. 19945. 1945. 1945. 1965. 19898

Thus, although the plaintiffs are expected to properly reflect the value of the datum that is naturally notified to the plaintiffs in the above admission process, as a result of changing the value of the datum by notifying the number of the datum processed by the defendant Institute of Korea Evaluation and Planning, the above reverse phenomenon of the reverse phenomenon of the point, which eventually led to the plaintiffs' failure and the non-party who received a lower score, and the plaintiffs have reached the legal interest in excess of the mere infringement of the actual expectation interest.

(2) Next, according to the provisions on the delegation and entrustment of administrative authority with respect to Defendant Republic of Korea, administrative agencies shall issue guidelines for the handling of entrusted affairs when entrusting the affairs to the private sector, and take appropriate measures necessary for handling entrusted affairs (Article 11(3) of the above Regulations), the entrusted agencies shall direct and supervise private entrusted institutions with respect to the handling of entrusted affairs (Article 13(1) of the above Regulations). If deemed necessary, the entrusted agencies may give necessary instructions or order measures with respect to the entrusted affairs to the private entrusted institutions (Article 13(1) of the above Regulations). If deemed that the handling of entrusted affairs by private entrusted institutions is illegal or unreasonable, the disposition may be cancelled or suspended (Article 13(3) of the above Regulations). The Minister of Education and Human Resources Development shall direct and supervise Defendant Korean Institute of Education and Human Resources Institute to ensure that there is no infringement on the rights of examinees or legitimate interests of examinees in conducting a water-related testing entrusted affairs to Defendant Institute of Education and Human Resources Development (Article 13(3) of the above Regulations).

(3) Thus, the defendants are liable to compensate for mental damage suffered by the plaintiffs due to the defendants' illegal act in 2003 as above. The following circumstances, namely, the plaintiffs failed to enter universities that were first aimed at, so they should have suffered considerable mental shock and compromises due to their failure. If the plaintiffs prepared to enter universities more than one year for admission to the same university, they should have to pay a little amount of expenses. On the other hand, since the basic plan for admission to universities, which was announced prior to the implementation of the 2003-year Do 2003 Do 200, the academic materials notified to universities, such as the basic plan for admission to universities, and the implementation plan for the 0-year Do 200 Do 200 Do 200 Do 200 Do 200 Do 200 Do 200 Do 3 200 Do 200 Do 200 Do 200 Do 3 3 Do 200.

3. Conclusion

Therefore, the defendants are obligated to pay to each of the plaintiffs 5,00,000 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from October 16, 2004, which is the date of delivery of a copy of the claim of this case and the application for modification of the cause of this case, and from October 16, 2004 to October 13, 2005, which is the date of the ruling of the court of first instance, the defendants' decision that it is reasonable for the defendants to dispute as to the existence and scope of the obligation. Thus, the plaintiffs' claims of this case are justified within the above scope of recognition, and the remaining claims shall be dismissed for reasons. Since the judgment of the court of first instance is unfair with some conclusion, the court of first instance orders the defendants to pay the above amount, and it is dismissed as per Disposition since the plaintiffs' remaining appeals are without merit.

Judges Han-soo (Presiding Judge)