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(영문) 서울행정법원 2014.08.28 2014구합59252
정보공개거부처분취소
Text

1. The Defendant’s decision to disclose information to the Plaintiff on May 27, 2013 is revoked.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. According to Article 8(3) [Attachment 4] 2 of the Enforcement Decree of the Bar Examination Act, the minimum passing score for each subject is 40 percent of the full score for each subject, and according to Article 7(2) of the Enforcement Decree of the Bar Examination Act, the minimum passing score for each subject of the written examination (hereinafter referred to as “the passing score”) among the minimum passing score for the written examination under subparagraph 2 of [Attachment 4] of the Enforcement Decree of the Bar Examination Act shall be 40 percent of the full score for each subject of the written examination (hereinafter referred to as “the passing score”) refers to the passing score for each subject of the written examination (hereinafter referred to as “the passing score”) calculated according to the method under Article 6 and the passing score for each subject of the written examination (hereinafter referred to as “the passing score”).

B. From January 4, 2013 to January 8, 2013, the Plaintiff applied for the second bar examination administered by the Defendant (hereinafter “instant examination”). The subjects of the instant examination, allocated points, and points that the Plaintiff acquired are as follows.

Classification 100 170 100 - 175 - 200 200 350 160 100 - 175 - Total (minimum passing point) 400 (160) 400 (160) 700 (280) 160) 160 (64) Plaintiff’s grade 226.72, 206 May 1364, 206

C. On April 26, 2013, the Defendant held a bar examination management committee to determine the passing criteria of the instant examination as “a person who has obtained at least 762.03 points (per 1,660 points) from among applicants who have obtained at least 40 percent of the minimum passing score (per 40 percent of the perfect score of each subject),” and issued a pass notice to 1,538 applicants among applicants, and rejected the Plaintiff on the ground that the passing score of the selective written examination falls short of the minimum passing score.

(hereinafter “instant failure disposition”) D.

On May 20, 2013, the Plaintiff (hereinafter “instant information”) disclosed information about the Defendant’s scores of the written selective examination for the subject of choice (hereinafter “instant information”).

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