Standard score and percentage of the College Ability Test in 2005Guhap173, 2005

Invalidity of Disposition, etc.

1. ○○;

Daejeon

Since it is a minor, legal representative

2. ○○;

Busan District Court Decision 201Hun-gu

Since it is a minor, legal representative

3. Error; and

Seoul Guro-gu

Since it is a minor, legal representative

[Defendant-Appellant]

President of the Korean Curriculum Evaluation Board

Law Firm Doz.

Attorney Lee In-bok

September 20, 2005

October 25, 2005

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

In 2005, the defendant confirmed that the calculation of the College Ability Test in 2005 is invalid.

1. Basic facts

A. The plaintiffs are those applying for the College Ability Test in 2005 (hereinafter referred to as the "Performance Test"). The defendant is a corporation established based on the "Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, etc." and Article 34 of the Higher Education Act, Article 35 of the Enforcement Decree of the same Act, and Article 44 (4) 2 of the "Rules on the Delegation and Entrustment of Administrative Authority". The Ministry of Education and Human Resources Development has been entrusted by the Minister and Human Resources Development every year from 1994.

B. In order to use the results of the examination for the college entrance examination as one of the screening data, it was conducted in 194 by dividing them into the language field, repair field, and foreign language field for university students in 194, and as a screening data for university students, it was used as a screening data for university entrance examination along with examinations and interviews conducted autonomously by high school students and universities, while a special screening was conducted for the students of special class, art, physical skill field, literature, language, study, science, science, and scientific skills for the excellent students from this time.

(c)In 197, except for the cases where the occasional recruitment system was introduced in 1997, it shall be conducted without any big difference each year. From the time of university entry into force from 2002 to the date of 2002, it shall give students an opportunity to develop aptitude and talents by relaxing the burden of examination so as to realize a society centered on abilities and train competitive human resources with creativity, and shall prevent side effects of one-way education due to tination by the total points, and shall require universities to select through various methods and standards for selecting students according to the characteristics of university or recruitment units, even in 202, the Minister of Education and Human Resources Development in 1.5, 1.8, 2, 2, 2.2, 3, 4, etc., and 500 to the total number of students' score converted from 6th grade points to 3rd grade points to the public, 400 to the total number of students' score converted from 6th grade point to 6th grade point to the public, and 4th grade point to the academic point.

D. However, the water performance test system of the 2002 grade is maintained until the 2003 grade and 2004 grade, and the 7th grade grade of the 2005 grade of the 7th grade grade of the 2005 grade of the 2005 grade of the 7th grade grade. The largest characteristics of the 7th curriculum are determined as the 10th grade of the 10 grade of the 10 grade of the 10 grade of the 10 grade of the 10 grade of the 2002 grade of the 200 grade, and the 10 grade of the 2nd grade of the 2nd grade of the 2002 grade of the 200 grade grade of the 200 grade grade of the 2nd grade of the 2nd grade of the 2nd grade of the 2nd grade of the 3rd grade of the 2nd grade of the 2nd grade of the 3rd grade of the 3rd grade of the 3rd grade.

E. Accordingly, the Minister of Education and Human Resources Development, around August 2003, issued the "Basic Plan for University Admission Screening" in 2005, which contains basic direction, basic plan, screening schedule, administrative matters, etc. for University Admission Screening for the students who received the education under the above 7th curriculum as above, has newly established vocational search equipment for the students from the vocational field and subjects in 2005, and removed the classification of the humanities, nature, and art skill by allowing the examinees to choose themselves instead of the Chinese characters in the second foreign language, and the examination subjects and choice according to the method of screening they desire.

On the other hand, the subjects can be applied for an alley, and the quasi-mark system was adopted instead of the original score in order to reduce the cost of difficulty, expanding the subjective setting to resolve the sexual scopic scopic scopicism following the scopicization of the hydro-scopic test, eliminating the minority marks introduced for the purpose of improving the number of scopic scopic scopic scopic scopic scopic scops,

(1) The basic direction

(2) In 2005, the College College College College Test in 2005, which reflects the characteristics of the seventh curriculum, shall be implemented on the basis of the implementation of the College College Test reflecting the characteristics of the seventh curriculum, and shall be subject to the maintenance of an appropriate level of the examination burden of examinees at the level of reduction of the examination burden, the implementation plan for the College College Test in 2005, shall be separately published (2) by the head of the Korean Institute of Curriculum Institute of Academic Ability: November 17, 2004; the date of sexual notice: (3) No. 14. 14. 14. (3) No. 2004: The President of the Korean Institute of Education, at the time of preparing, printing, marking, grading, academic notice: delivery of written applications; (4) delivery of written questions; (3) delivery of written questions; (5) language, acceptance of written questions; (4) / examination questions; and (5) free examination questions and examination questions; and (6) free examination forms and examination forms.

- "A" type - search / search / direct search /, 2 foreign language / Korean language / Chinese language / subject indicating selective subject / subject / subject with the indication of selective subject, the standard score, white part, grade, and the composite class are not written.

- Standard score and percentage point are expressed in terms of a fixed number expressed in the first place in a small number of the first place and / subject grade 123 45 6 7819 of grade 9, such as maintenance of class 9 system (%) 47127 127 74Nu4 411277 60 60 707 7896 96 106 896 10(8) of the University's sexual utilization rate in the area of the College's College's College's College's College's College's College's academic utilization rate per / subject in accordance with the characteristics of a university or a recruitment unit, and the standards for recommending the use of the grade, weight, and grade classification in advance, may be designated in consideration of the characteristics of the university's educational ideology and operation in the University's recruitment class, but the selection and operation of curriculum, etc. may be considered in consideration of the selection and operation of the curriculum.

F. The Ministry of Education and Human Resources Development issued the "Basic Plan for University Admission Screening" in 2005, and immediately following the announcement of the "Basic Plan for University Admission Screening" by the Ministry of Education and Human Resources Development, a specialized institution such as a private teaching institute and a student group such as a parent council, based on the 2003-year 2003 efficiencies (average and standard efficiencies, etc.). As a result, the standard efficient score was calculated in 2005 on the basis of the efficiencies (average and standard efficiencies, etc.).

G. However, the Minister of Education and Human Resources Development, however, did not accept the above request since around 1998 on the ground that the Minister of Education and Human Resources Development adopted the 2002-year-year-old-level-old-level-level-based-level-based-level-based-level-based-based-level-based-based-based-level-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-level-based-based-based-based-based-based-based-based-based-based-based-based-level-based-based-based-based-based-based-based-level-based-based-based-based-based-based-based

H. After March 30, 2004, the defendant prepared an "Implementation Plan for the College Ability Test" in 2005 to implement the basic plan of the Minister of Education and Human Resources Development in detail, and announced it on the press and the defendant's homepage. The main contents are as follows: (1) The principle of setting questions is to set questions so that it can contribute to the normalization of school education in accordance with the contents and level of the curriculum of the 7th high school.

In the case of a∑ language and a foreign language (English) area, the general subject materials related to several subjects shall be utilized as much as possible, or a text shall be prepared by making use of the materials related to several members in a single subject.

∑ Acceptance, Social/science/Vocational Search Center, and Second Foreign Language/Korean Languages shall be drawn up a text centered on thinking history based on the characteristics of each subject.

It takes into account the importance of the study of the suitability and sets up in a balanced manner the easy text, middle text, and difficult text so that the distribution of points can be made evenly.

Desisisitic / Scientific / Vocational / Foreign Languages/Koreans shall be given with special attention to the adjustment of the degree of difficulty between selective subjects.

The form of ∑ is five or more forms, and in the repair area, the single answer questions shall be drawn up at 30% including 30%.

The number of points allocated to the∑ is 1, 2, and 3 in terms of language, foreign language (English), 2, 3, and 4 in terms of repair area, 2, 3, and 1, and 2, 3 in terms of society/science/vocational search area, and 2, 1, and 2 in terms of foreign language/Korean language, and 1 and 2 in consideration of the importance, degree of difficulty, required time, and history of change in the text.

The core learning contents covered by the ○ curriculum shall be prepared in the area of (2) where it is necessary, with the focus of (2) the choice of subjects and the scope of setting questions, and 2 and 3-year deepening selection subjects.

The subjects belonging to the common basic curriculum of the∑ are included indirectly in the range of questions to be given, provided that the State is included in the common basic curriculum of the people, but is included in the selected subjects in the area of social search center).

The choice of all or part of the areas in the territory of the Republic of Korea is possible among the five areas, namely, the English language, repair, foreign language (English), social/science/vocational search, and the second foreign language/responding.

o shall choose either ‘A' or ‘B' or ‘B' for the repair area.

- The repair type should select one of the following subjects: fine fine portion, accurate rate and statistics, and separation science.

- The 'repair' type shall be drawn up 12 questions of study, Ⅱ 13 questions of study, 5 questions of choice subjects.

- The term "repair" type b shall be drawn up from the educational I to 30 questions.

The Republic of Korea may select one of the three areas: The Republic of Korea shall be the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea

- The area of the Social Search Center may be selected from among the 11 subjects to the maximum of four subjects among the 11 subjects, and from among the 8 subjects, to the maximum of 4 subjects among the 11 subjects (which may be selected from the maximum of 20,00 subjects for physical I, II, II, II, and II).

- The area of the vocational search center may be selected up to 3 subjects out of 17 subjects, provided that maximum of 1 subjects among computer-related 4 subjects and maximum of 2 subjects among major 13 subjects.

* The area of vocational search center can take at least 82 units of vocational department professional subjects.

(3) The grading institution shall select only one of the 8 subjects from among the applicants in the 2 foreign language/Korean language area. (4) The grading institution shall classify and mark the area into the language, acceptance, foreign language ( English), social/science/science/vocational research, foreign language/Korean language/Korean language, etc.

The area of repair shall indicate the name of the applicant in the form of "A", the area of inquiry, and the second foreign language/Korean language/Korean language.

Standard points, percentage points, and grade for each territory/elective subject shall be stated.

In the language, repair, and foreign language (English) territory, average 100, standard 20, social/science/vocational area, and 2 foreign language/Korean language/Korean language area shall be calculated by calculating the standard score by conversion of type in average 50, standard 10, and standard 10.

"A" scores between the selective subjects of punishment shall be adjusted in the same manner as the area of society/science research center in 2004.

Standard points and percentage points shall be marked by the number of rounded off from the first decimal place.

-territory/by subject will maintain a class 9 system, as in 2004. (b) The date of delivery of a grade notice slip: on December 14, 2004, the grade table for each subject shall be given to the applicant through City/Do Offices of Education or from high schools, and the grade table shall be distributed to the high school through City/Do Offices of Education.

* The grade table of the applicant, other academic persons, etc. shall be distributed to the Office of Education of the City/Do.

(c) in 2005, the Institute of Academic Ability Test (M) provides the University with academic data distributed under subparagraph (c) of the same paragraph or produced sexual data directly at the Institute of Korean Curriculum Evaluation and Planning in order to utilize them as admission screening data.

I. In addition, the defendant published "The College College Ability Test Q& A data collection" in 2005 according to the above implementation plan, and IV. The defendant explains the standard points, percentage points, etc. in Part â………………………………………………………………….

(1) Standard score: In 2005, the Collegetic Ability Test was adopted in 2005, because the examinees applying for each territory / subject are different from each other, it is practically difficult to maintain the degree of difficulty at a certain level between the territory / subject. Therefore, the waterway of datum is introduced a quasi-point score system without solving the problems arising from the difference of difficulty between the region / subject.

The standard score indicates the relative book value corresponding to the original score. In other words, it indicates what location is from the distribution of converted resources so that the distribution of the datum number can have the average and standard difference determined by the territory or the selective subject.

The calculation of the standard score shall first be 1) Z score by the following formula in the territory/subject:

Z point = The standard point shall be calculated by inserting the above Z point by inserting it by inserting it by the following formula: (The number of standard points) = (Z point)x (the standard part of the area in question) + (average).

To this end, 38 original score in the Physical Part II of the Scientific Search Center (average 19.3 of the original score, 9.2 of the Standard Part) shall be as follows:

7 score = 38 - 33 on February 3, 192 = 2, therefore, standard score of this examinee x 2 x 10 + 50 = 700.

19.2

1. In 2005, in the College College Test, the average score as listed below and the reference one converted from the standard one lane type as listed below are used.* In the case of social/science/vocational area and the second foreign language/Korean territory, the scope of the reference one set of items (1) and the standard one set of items (1) are 0 to 200, in the language and repair foreign language (English) and the area of 0 to 100, in the research and second foreign language/Korean language. The scope of this is 0 to 00. 【5 (average of the territory/subject in question) ± (standard one of the subject in question) ± (standard one of the subject in question / subject) 】 0 or 200 (100 points) beyond this scope are set up.

1. The original score is a perfect score, but there is no perfect score, because the highest point of the standard score on the original score is different depending on the distribution of the datum number.

As a result of the analysis of the College Ability Test conducted in the past, most standard points are within the scope of 【(average of the standard point of the relevant territory / subject) 【within the scope of 5 (Standard Part of the relevant territory / subject). Any points outside this scope are cut off, 0 or 200 points in language, acceptance, and foreign language (English) and 0 or 100 points in social/science/science/vocational investigation area, and 2 foreign language/Korean language area. (2) 0 or 100 points in white portion. (2) In other words, the white part of an examinee is expressed as a percentage of a student group that has received a lower point than that of the applicant student for the entire examination.

(a)the formula for seeking a white molecule in 2005 is as follows:

When the distribution of the standard score of the examinee (N = 100) is as follows, the percentage of the examinee with the standard score of 92 points 0

* In the year of 2005, the term ‘consumption point' has been used more accurately than the term ‘consumption point' which has been used so far.

(3) Class (3): The class shall be divided into nine grades based on the standard score by item / subject, and shall be indicated by which the examinee belongs.

1.Class I, up to the top 4 per cent of the total examination students by area / subject, grade II, by up to seven per cent thereafter, shall be given in the following order:

Class 1 2 3 4 5 6 6 810 % (%) 47 12 17 12 7 1 1 1 1 23 60 77 89 196 100

The higher grade shall be assigned among the grades.

(4) The reason why the standard score and the white part are indicated as an authorized number: if the standard score and the white part are indicated as a small number, it is not desirable to educate students by dividing the examinee's ability into a small number, and it also goes against the policy intent of selecting students based on various screening data, including the Collegetic Ability Test. Therefore, it is also against the policy intent of selecting students based on a variety of screening data. Accordingly, the top point and the white part shall be indicated as an equal number from the first place to the small number, and only the points indicated as an authorized number shall be given to both the university and the examinee.

(5) Reasons for not giving the total points: The College College Ability Test in 2005 has lost the classification of departments, and the examination students may apply for all or part of the examination area and selection subjects. Accordingly, each individual. The number of subjects applied for different fields or subjects and the number of subjects applied for different subjects is different, and the total points are not common and comprehensive points to compare the examination students. Therefore, in 2005, the information on the total points is not provided.

(6) The term "A" in the repair area is composed of common subjects (education and study II) and the part of the selective subject (undivided, accurate, statistical, and separated science). However, the sexual notification table requires an adjustment of points to adjust the degree of difficulty of selective subject because the points in common subjects and selective subjects are entered into a single score in the aggregate of the points in common subjects and selective subjects. (7) However, it is not necessary to adjust points in consideration of the difference of difficulty between social/science/Vocational field and selective subjects in 2 foreign language/Korean language/Korean language/Korean language area, but only the standard points for each subject. This is because the method to adjust points to correct the difference between the highest point and lowest points for selective subject may cause another unfairness, and it may result in a phenomenon that can be easily reflected in the subjects that can be avoided and relatively low in the difficult subject. However, the highest point and lowest points for selective subject are each standard information to be used at a university and college autonomously.

On the other hand, on June 9, 2004, the Korean University Education Council issued a supplement of the reflection plan on the results of the College Admission Test in the year 2005 university entrance screening plan, and the main contents are as follows.

(1) Universities and colleges offering new students in 2005 are 200 universities and colleges. Of 200 universities, 196 universities and colleges selecting students based on the results of the College Ability Test at regular mother house are 4 universities and 200 universities and the rest of the four universities and 200 universities do not reflect the results of water performance. Meanwhile, in order to minimize the difference of the standard points between the subjects raised after the introduction of the standard score system, the results of the 196 universities and the results of the 196 universities’ examination reflecting the results of water performance tests are as listed below. In addition, each university reflects the subjects of selecting social search and science search at regular intervals to 1 and 4, a number of universities and colleges were 2 or 14, and each university or college reflects the problems of the 196 universities and the 3rd universities and the 4th universities and the 3rd universities and the 3rd universities and the 4th universities and the 3rd universities and the 4th universities and the following.

(k) The defendant, on June 2004, conducted a fluence test on the whole country over two occasions on Sep. 2004, 2004, and notified the result of the test, stating the standard score, white part, and calculation method as above on the back side of the notice of the test. In particular, with respect to calculation of the white part, the standard score of the examinee who received a standard score lower than the standard score of the examinee (if there is a bruth, including the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bruth of the bru

Other. Meanwhile, the defendant, after the public notice on July 9, 2004, of the execution of a water-related experiment, from August 31, 2004 to September 2004.

15. From November 18, 2004 to December 13, 2004, after receiving applications from examinees including the plaintiffs, and from 08:40 to 18:10 on the same day from November 17, 2004, 08:40 to 10 on the same day, 100: the language field, repair field, foreign language (English), community search center/science search center/vocational search center, and 2 foreign language/Korean language/Korean language test, the examination was conducted through five fields, and the number of datum points was marked from November 18, 204 to December 13, 2004; thereafter, after calculating the standard number of datum points by standardizing the number of examinees with the average and standard number of examinees according to the method of sexual calculation published by the defendant, 100 to a small number of examinees, 20 to a total of 10 to a minimum of 20 to a minimum of 10 to a minimum of 20 to a standard score.

(m) However, in the social search center or science search center (e.g., subject 1 subject), there was a difference between the examinee and the examinee with 48 points per 47 points per 10% per 1, respectively, in the original score, but the standard score for each subject was calculated with 61 points per 61 points, and the standard score for each subject was calculated with 87 points per 10% per 10% of the original score per 10% of the original score per 10% of the original score per 10% of the original score in terms of the understanding of each subject, and the average score for each subject is 68 points in the social culture where the original score was written with 61 points per 67 points per 10% of the original score and the standard score for each subject, and the average score for each subject is different from the original score for each subject from 30 points per 60% of the original score per 10% of the original score in terms of the understanding of each subject.

n. Meanwhile, in 205, the university entrance courses of the Seoul National University, Korea National University, and Hongk National University supported by the plaintiffs are as follows. The plaintiffs supported by the above university but failed to pass the examination as follows. (1) Seoul National University entrance lectures and the Plaintiff’s failure to pass the examination will select 2 and 3 times the prescribed number of students at the first stage: 50% + 50% of the students’ number. At the second stage, the cultural and social circles are divided into 1: sexual 80% + interview 10% + 10% of the debate, natural departments are divided into 10% + 20% of the interview 20%. The former class reflects the language, repair, and foreign language class in the area of the university, and reflects the number of academic subjects in the area of social research and investigation, 20% of the repair and foreign language.

In addition, in the case of "a language, foreign language, and repair (a/b) area" by area of the Diplomatic Ability Test, the standard point by area of the Diplomatic Ability Test shall be calculated by multiplying the standard point by each recruitment unit (200) (in the case of repair area: 120/200 in the natural recruitment unit and 50/200 in the art college design department).

In the event that an applicant for a type of "repair" applies to a letter-based recruitment unit / art-related recruitment unit, the standard score calculated by the Seoul National University shall be reflected in the standard score.

In the event that an applicant for a "repair" applies to a natural department recruitment group (a nursing college, a clothes of a college of life science, and a food nutrition group) that permits the support of an applicant for a "repair" (b) the standard score that the Seoul National University itself determines shall reflect by utilizing the white part.

In the area of inquiry (social search center/science search center/vocational search center), the standard score that the Seoul National University itself determines shall be reflected by utilizing the white part of the area.

1/4 (1/8, 1/3 for applicants for vocational search centers) multiplied by 1/3 of the standard points for each subject calculated by item (1/3 for applicants for vocational search centers) and reflected points in the research field.

In "Second or Korean territory", the standard score calculated by reflecting the standard score that Seoul National University itself calculated by using the white part of the white part shall be multiplied by 1/5 in the second foreign language/Korean territory.

The final results of the water-performance test shall be calculated by converting the total points of each of the above calculated areas into the full marks of 100, thereby cutting off the third decimal place.

As a result of the Defendant’s application for the department of business management at the Seoul National University (68.18) in the year 2005 with a performance test for the year 2005 notified by the Defendant, the head of the Plaintiff U.S. did not pass the examination at the university entrance examination for the year 2005, + (2.18.93) + (23.0) interview and oral examination (25.25.25) + (6.66.3) instruction for the size of the applicant’s ability to be sexually (67.17.88) + (6.6.6.6) instruction for the size of the applicant’s ability to pass the examination at the university; and (6) instruction for the applicant’s use of a foreign language to the extent that the applicant did not pass the examination at the university entrance examination for the year 2005 + (25.6.6.7) instruction for the applicant’s ability to pass the examination; and (6) instruction for the Seoul National University’s use of the language based on 68.7.7.7.68

The allocation ratio criteria for waterway tests, interviews, and essay questions shall be selected as "50% of ability + 40% of number of students + 10% of number of students + 5.6% of number of students + 4.4% of number of students + 5.6% of number of students + 4.4% of number of students. The humanities and art skill shall reflect social search and natural department. Three subjects will be selected in the study area. The humanities reflects the second foreign language and Chinese language area, and the natural department is given a weight of five points in the repair area.

The results of the student department shall be reflected in the first grade 20% + the second grade 40% + the second grade 40% + the third grade 40%.The circumstances shall be selected by the number of recruitment units in the order of the total points by adding the results of the student department, the hydro-performance test, the essay, the computer education department, and the interview points to the student department, in accordance with the ratio of reflection of the screening factors by recruitment unit.

In the year of 2005, the plaintiff Lee Dong-young, which was notified by the defendant, applied to the university of Korea in the year of 2005 to the university of Korea in the college entrance screening group, and the standard points provided by the defendant for the language, foreign language, and repair area were utilized for the university entrance screening field, and the university did not pass the examination by calculating the standard points of conversion on its own. (3) In the research field, the Hong High University, which failed to pass the lecture and the plaintiff's name, applied the white part of the examination in the year of 2005 and applied for the 7% additional points (construction department, construction engineering department 35) in the case of applying for the sentence.

- Handy examination, interview, and essay score - Method of reflecting the student register: Points 340 to 380 points for subjects, points 14-20 points for attendance;

- The reflection area and reflection ratio of a water-related test - The method of reflection: reflect three subjects with the highest performance among free choice.

- The reflection score of the study ability test = Sgma (X reflected rate in the half-class area)/100 X (Arhological ability test score) was given the Defendant’s notice in 2005 and failed to pass the examination in the year 2005, which was given the Defendant’s notice, to the college of the university screening group, and subsequently, applied to the department of the building of the college screening group, which was then calculated and reflected in accordance with the rules and regulations set by the university. As a result, the above red-interest University had a white part of the above, and obtained the above points as indicated below, and failed to pass the examination after the first point of the total passing point of 971, which was the final passing point.

[Grounds for recognition] Unsatisfy, Gap evidence 2, Gap evidence 3-1, 2, 3-4, Gap evidence 5-1, 2, Gap evidence 7-5, Eul evidence 1, 2, 3-1, 2, 4, and 5-1, 2, president of the Korea University, president of the Seoul University, president of the Seoul University, president of the Hong National University, and president of the Hong National University, respectively, the purport of the whole arguments is as follows:

2. Related statutes;

Higher Education Act

Article 34 (Selection Method of Students)

(3) The Minister of Education and Human Resources Development may conduct examinations as determined by the Presidential Decree in order to utilize it as admission screening data.

(1) The College Ability Test referred to in Article 35 (1) (hereinafter referred to as the "Examination" in Article 38) shall be implemented by the Minister of Education and Human Resources Development.

(2) The Minister of Education and Human Resources Development shall publish the basic plan for the examination subject to examination, including setting questions, results of allocation, examination schedule, etc. by the end of March of the year of the examination.

(4) The Minister of Education and Human Resources Development shall entrust the following affairs to the President of the Korea Institute of Education and Human Resources Evaluation:

2. The following matters concerning the university education ability test (hereafter in this subparagraph, referred to as the “examination”) pursuant to the provisions of Article 36 of the Enforcement Decree of the Higher Education Act (hereafter in this subparagraph, referred to as the “Decree”):

(a) Preparation of examination papers, printing of examination papers, marking of examination papers, and notification of results under Article 36 (1) of the Decree; formulation and implementation of detailed implementation plans in accordance with the basic plan for examination execution under Article 36 (2) of the Decree; designation or commission of members preparing examination papers and management personnel under Article 37 of the Decree;

(d) Determination of application fees under the provisions of Article 38 (1) of the Decree;

(e) Determination of the standards for paying allowances and travel expenses to test employees under Article 38 (2) of the Decree;

(f) Public announcement of examination date;

(g) Administrative Litigation Act confirming that a person who enters a university or college in violation of Article 42 (1) and (2) of the Decree is subject to notification under paragraph (3) of the same Article;

Article 2 (Definitions)

(1) The definitions of terms used in this Act shall be as follows:

1. The term "disposition, etc." means the exercise or refusal of the public authority by an administrative agency, and other corresponding administrative actions (hereinafter referred to as the "disposition") and rulings on the administrative appeal;

(2) In application of this Act, administrative agencies shall include administrative organs, public organizations and their agencies or private persons delegated or entrusted with administrative authority under Acts and subordinate statutes.

3. Whether the lawsuit is lawful;

A. The Defendant asserts that the Defendant’s act of calculating the percentage is a fact-finding conducted mechanically according to the prescribed standards, but cannot be deemed an administrative disposition. Even if it constitutes a family administrative disposition, it is a kind of ability certification test conducted to measure the students’ academic ability at universities and colleges and utilize it as one of the screening materials for university admission. Since the results of the hydro-performance test are not determined by itself, it does not have any disadvantage to the Plaintiffs, there is no legal interest in seeking nullification, and thus, the instant lawsuit is unlawful.

As seen above, even if the defendant calculates the results of the examinee in accordance with the standards set forth in the basic plan of the Minister of Education and Human Resources Development, it is possible to determine and calculate any method of standardizing various standardization methods (such as type conversion, non-type regularization conversion, etc.), whether to recognize the adjustment of points based on the academic background of the applicant and the degree of difficulty in the selective subject and group, if so adjusted, what method of choice should be determined by all the defendant's independent judgment and choice, and then calculate the standard point of examination for each examinee who is the general public, by calculating the standard point of percentage after calculating the standard point of all, it is possible to specifically determine and confirm the examination points of each examinee who is the general public, and further, the able test is a kind of ability certification test conducted to measure the ability of the examinee to study at the university and to use them as one of the materials for college entrance screening.

In its own, the success or failure of the examination results is not determined by the college entrance screening process, but by the university entrance screening process, from the viewpoint of the university which uses the results of the examination results as admission screening data, the number test scores notified by the defendant can be reflected in the admission screening results and the results of the examination results of the defendant's use as admission screening data, and its validity cannot be denied by its independent judgment. Furthermore, if the defendant's sexual calculation activities such as the calculation of the percentage can not be asserted through an appeal litigation, it is no other procedure for legal remedy, and therefore the university which supports the result of the examination results can be different from the university which supports the result of the examination results, and the success or failure can be directly affected by the defendant's decision. In light of the fact that the defendant's production of the examination results of the examination results and the standard points which can be immediately utilized as screening data at the time of university entrance, the defendant's act of calculating the status of the examination results can not be directly affected by the defendant's exercise of legal status as an administrative disposition, which is an exercise of public authority.

B. The defendant asserts that the defendant is not qualified for the defendant, since the principle that the standard score and the percentage are calculated to be rounded off the first decimal place in calculating the percentage is determined by the Minister of Education and Human Resources Development, and the defendant in charge of setting questions and marking only calculated the standard score and the percentage in accordance with the set principles.

However, in calculating the standard score and percentage point, the Defendant’s calculation of the fixed number is based on the basic plan set by the Ministry of Education and Human Resources Development, even if the result is bound by this basic plan, the above performance of official duties is conducted by the Defendant by being entrusted by the Minister of Education and Human Resources Development pursuant to Article 44(4)2 of the Regulations on Delegation and Entrustment of Administrative Authority, and such performance of official duties is conducted by the Defendant and the disposition authority is the Defendant. Thus, the Defendant is entitled to become the counterpart to the confirmation of invalidity of the calculation of percentage point, so the Defendant’s above assertion is without merit.

4. Whether the disposition is lawful.

A. The plaintiffs' assertion

Although the Defendant did not clearly indicate in advance that the percentage is calculated based on the standard score written in the first place in the minority number, the Defendant calculated the percentage by using such standardized standard score, without reasonable grounds, thereby seriously distorted the percentage. Such circumstances have led to the Plaintiffs’ failure due to significant influence on the passing of the universities networked by the Plaintiffs. The Defendant’s act of calculating the percentage is significant and apparent and invalid. On the other hand, the Defendant’s right to receive equal education and the right to pursue happiness, etc. in accordance with the principle or ability of equality as provided in the Constitution is infringed.

B. Determination

(1) As seen above, in 2005, the results subject to the notification of the results of the examination were different from the previous examination, not only standard points, white parts, and grades, and the original points were not included in the results subject to the notification of the results of the examination. Accordingly, in 2005, the original points became meaningful as basic material for calculating the standard point, but also did not have the meaning as the results of the examination having external effect. Accordingly, the results of the examination having external effect refer to the standard points, but not to the number of datum points. In addition, the standard points were indicated in the first decimal place.

The percentage of the examinee is a figure indicating an individual's relative correspondence, and the percentage of the examinee is a percentage expressed by the percentage of the group of students who received less than that of the applicant for the examination. In such cases, the meaning of "mark" in the definition of "less than that of the applicant for the examination in question" refers to the standard score in the 2005 test, not the datum number. This is because the original score is not recognized as a score having the external effect of the examinee, but has the meaning of the basic data for calculating the standard score recognized as a score having the external effect.

Therefore, even if the original score is not the same one, if the standard score is indicated as the same standard score as the result of being marked as an rounded off the first decimal place, it is natural that the standard point is the same as that of the examinee so long as the standard score is indicated as the number rounded off the first decimal place, and if only the standard score so expressed is recognized as the only authorized examinee's score, it is a natural result. Therefore, it is reasonable to recognize that the standard point is the same in the case where the standard point is the same, even though the datum is not the same, it is reasonable to recognize that the standard point is the same (in this case, it is determined by the standard point indicated as an authorized number even in the classification of grades on the same ground). Rather, in such a case, if it is recognized differently by the original point that cannot be deemed as the examinee's acquisition, it is against the principle that the same percentage point should be recognized as the same in the same way.

(2) On the other hand, the percentage of the examinee concerned is the figure representing the relative order of an individual, and the percentage of the examinee concerned is the percentage representing the percentage of the student group with a point lower than that of the applicant student with respect to the total number of the students. If it is intended to calculate the percentage faithfully with the concept of such percentage, it is reasonable to calculate the percentage based on the original point rather than the standard point.

As seen above, in the process of converting the datum point into the standard point, the standard point can be the same standard point and the different standard point can be the same as the standard point according to the flexible circumstances, even though there is a difference between the original point and the original point in the process of converting the datum point into the standard point. As a result, once converting the datum point into the standard point and calculating the white point based on the standard point, if there is no distorted phenomenon in the white part if there is no distorted phenomenon in the case of the different standard point, and if there is no same standard point, it distort the white part.

However, even if the number of doors of the Scientific Search Center or the Social Search Organization is merely 20 stories and there is only one point point in the original score, there seems to be many cases where there is a significant difference in the white part. If the difference of one point in such original score is located in the opposite part of the score with the same standard point, there is a significant difference in such0 parts, while there is an unreasonable phenomenon that reflects a significant difference in such0 parts in the case where the standard point is located in the opposite part of the section with the different standard point.

In the end, the calculation of the percentage based on the purified standard score cannot be considered to be unfair.

(3) However, apart from whether there is a valid view of the Defendant, etc. that if the standard score is marked in a small number, the ability of the examinee is subdivided into a small number of scores, and that it is not educationally desirable, each of the above decisions should be a legitimate decision made within the Defendant’s discretion, as it is difficult to view that there is any fundamental error in the decision that only the standard score is recognized as an external effective point out of the original score and standard score, and that the standard score is indicated only by the fixed number itself.

As such, if each of the above decisions is selected on the premise that it is legitimate, the conclusion that the percentage ought to be calculated based on a clean standard point is unreasonable, which is, as a result derived from each of the above decisions, should be affirmed as legitimate and not affirmed.

(4) Ultimately, the defendant's act of calculating a percentage by a standardized standard score is not considered unlawful, but is not considered unlawful.

In order to correct the method of calculating the percentage, which is one of the current unfair practices, it is necessary to correct the method of calculating the percentage, as in the past, by notifying the examinee of the original score in addition to the standard score as in the past and giving it to the examinee, so the original score also exceeds the original score with external effects, and the percentage point is calculated by the original score not with the standard point, but with the present method, it is not open to the public, but with the intention of calculating the percentage by the original score secured by the defendant.In addition, one of the methods can be solved by selecting one of the methods that clarify the intention of calculating by the original score secured by the defendant, not with the standard point, through the performance test implementation plan, etc.

(5) Therefore, the plaintiffs' assertion that the degree of defect is grave and apparent, or that the right to receive equal education and the right to pursue happiness are violated according to the principle or ability of equality as provided in the Constitution, is without merit, on the premise that the defendant's disposition of calculating the percentage of the water-related test is illegal.

5. Conclusion

Therefore, all of the plaintiffs' claims seeking confirmation on the premise that the defendant's disposition to calculate the percentage is null and void are dismissed. It is so decided as per Disposition.

Judges Kim Chang-suk

Judges Park Chang-soo

Judges Park Sung-sung