1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On March 2, 2010, the Plaintiff entered the graduate school B of the Chungcheong University.

B. On January 23, 2015, the Defendant issued one year’s paid disposition against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff’s average of the two consecutive semesters in 2014 continued to fall short of 2.0 points out of 4.5, based on the Plaintiff’s detailed rules on the implementation of graduate schools B of the Chungcheong University, academic warning and paid rules for the graduate schools B of the Chungcheong University (hereinafter “instant regulations”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant asserted the instant disposition prior to the instant disposition, and the Plaintiff’s assertion is subject to the former Administrative Procedures Act (amended by Act No. 12923, Dec. 30, 2014; hereinafter “former Administrative Procedures Act”).

(2) The instant disposition is unlawful as it violates the Administrative Procedures Act, even though prior notice of the disposition and hearing of opinions pursuant to Articles 21(1) and 22(3) of the same Act. The Defendant’s instant disposition constitutes a case where the application of the Administrative Procedures Act is excluded pursuant to Article 3(2)9 of the former Administrative Procedures Act and Article 2 subparag. 8 of the Enforcement Decree of the Administrative Procedures Act.

Even if it is not so, the instant disposition is a case where there are reasonable grounds to believe that it is considerably difficult or clearly unnecessary due to the nature of the disposition, especially where the technical standards to be observed by statutes or municipal ordinances and rules are clearly defined and where the disposition is made on the grounds that it falls short of such standards, and where it is clearly proven by experiment, measurement or other objective methods. Thus, it is unnecessary to give prior notice to the parties or give them an opportunity to present their opinions in accordance with Article 21(4)3 of the former Administrative Procedures Act and Article 13(4)4 of

(b) as shown in the attached Form of the relevant statutes;

(c) judgment;