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(영문) 서울고등법원 2015.11.26 2015누39127
등록거부처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details and circumstances of the disposition;

2. The reasoning for the court’s explanation of this part of the judgment on the main defense is as stated in the corresponding part of the judgment of the court of first instance. Thus, it is acceptable to accept the judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

3. Whether the rejection disposition of this case is legitimate

A. The Plaintiff’s assertion and the grounds for the court’s explanation on this part of the relevant statutes are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

B. 1) The Framework Act on Qualifications for the types of qualification (a) a system of qualification systems and grounds for refusal of qualification) are classified into “national qualification” established, managed and operated by the State in accordance with statutes and regulations, and “private qualification” established, managed and operated by persons other than the State, and classified into “a accredited qualification” that the competent Minister recognizes that a private qualification is managed and operated at a level equal or similar to that of national qualifications and “registration qualification” other than that of national qualifications.

(B) Article 17 of the Framework Act on Qualifications shall apply to corporations, organizations or individuals other than the State (hereinafter referred to as “sectors prohibited from private qualification”) in which the law is prohibited.

(i)under paragraph (1), a civil qualification may be newly established, managed, or operated by the competent Minister (Article 2), which shall be registered with the competent Minister, as prescribed by the Presidential Decree (Article 1(2)(Article 1(1)1), refers to the fields related to the acts prohibited by other Acts and subordinate statutes (Article 1(1)1), the fields directly connected to the lives, health and safety and national defense of citizens (Article 1(2)2), the fields related to the acts detrimental to good morals or against social order (Article 1(1)3), and other fields prescribed by the Presidential Decree as being inappropriate to be operated as a private qualification after deliberation by the Council.

. As such,

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