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(영문) 서울행정법원 2016.10.07 2015구합80895
2015년13회 사회복지사1급 국가시험 불합격처분 취소청구
Text

1. Of the instant lawsuit, the part between Plaintiff B and the Defendant was terminated on August 23, 2016 as the withdrawal of Plaintiff B’s lawsuit.

2...

Reasons

1. Judgment as to the plaintiff B's lawsuit

A. On August 23, 2016, Plaintiff B submitted to this court a written withdrawal of the lawsuit that Plaintiff B withdraws the instant lawsuit against the Defendant; Plaintiff B’s written withdrawal of the lawsuit reached the Defendant on August 31, 2016; and Plaintiff B submitted an application for withdrawal of the lawsuit that Plaintiff B withdraws the lawsuit to this court on August 24, 2016, clearly indicated in the record.

B. Plaintiff B asserts that, after filing the instant lawsuit, the withdrawal of the instant lawsuit was withdrawn, since the Plaintiff submitted the written withdrawal of the lawsuit in a rush manner with severe mental suffering and stress.

The plaintiff B, who withdraws the lawsuit brought by the plaintiff B and extinguishs the continuation of the lawsuit, is an act of litigation against the plaintiff B, and its validity cannot be determined on the basis of its own expression, unlike the act under general private law. Thus, even if the lawsuit was withdrawn due to mistake, it shall not be deemed null and void. As long as a document of withdrawal of a legitimate lawsuit was submitted, unless the document of withdrawal of the lawsuit was sent to the other party, it shall not be voluntarily withdrawn (see, e.g., Supreme Court Decision 97Da6124, Jun. 27, 1997). The plaintiff B's withdrawal of the lawsuit is without merit.

Therefore, on August 23, 2016, Plaintiff B submitted a written withdrawal of the lawsuit to this court on August 23, 2016, and the Defendant did not raise an objection after the lapse of two weeks from the date of receiving Plaintiff B’s written withdrawal of the lawsuit, and thus, Plaintiff B’s lawsuit terminated by the withdrawal of the lawsuit on August 23, 2016.

2. Details of the disposition;

A. The Plaintiff A and C applied for the 1st grade national qualification examination of social workers on January 24, 2015.

Since the above examination consists of 8 subjects in total, the basic social welfare of the first subject (50) is a human behavior, a social environment, and a social welfare investigation theory, and the second subject social welfare practice of the second subject (75) is a theory of social welfare practice.

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