(a) A disposition authority to pass the national examination for dentists;

(b) Whether a person has a legal interest seeking cancellation of a failure disposition where the national examination for dentists newly implemented after a failure disposition was rejected;

A. In full view of the relevant provisions under Article 9(1) and (2) of the Medical Service Act, Article 4(1), (2), and (3) of the Enforcement Decree of the same Act, and Article 1(2) and (3) of the Enforcement Decree of the same Act, the authority to conduct the national examination for dentists is the director of the National Health Center, and thus, the authority to issue the pass

B. The passing of the national examination for dentists is a prerequisite for obtaining a dentist's license; however, the passing of the national examination does not change the legal status of a person who passed the national examination on the sole basis of the requirements for obtaining the above license, and thus, there is no legal interest in seeking cancellation of the above pass-out disposition as a person who passed the national examination conducted after the pass-out disposition.

A. Article 13 of the Administrative Litigation Act; Articles 9(1) and 9(2) of the Medical Service Act; Articles 4(1), 4(2) and 4(3) of the Enforcement Decree of the Medical Service Act; Articles 1(2) and 1(3)(b) of the Enforcement Rule of the Medical Service Act; Article 1(3) of the Administrative Litigation Act

A. Supreme Court Decision 90Nu5641 delivered on February 22, 1991 (Gong1991, 1094) 91Nu3284 delivered on December 24, 1991 (Gong192, 704)

Plaintiff 1 and two others, Plaintiffs’ legal counsel

The Minister of Health and Welfare and one other

Seoul High Court Decision 91Gu449 delivered on February 10, 1993

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

1. In full view of the relevant provisions under Article 9(1) and (2) of the Medical Service Act, Article 4(1), (2), and (3) of the Enforcement Decree of the same Act, and Article 1(2) and (3) of the Enforcement Decree of the same Act, the authority to conduct the national examination for dentists shall be the president of the National Health Center. Therefore, the authority to issue a disposition on passing the examination shall be deemed to

Therefore, the decision of the court below is justified in rejecting the plaintiffs' lawsuit against the defendant of this case against the Minister of Health and Welfare, since it is not a disposition agency, since the defendant's lawsuit against the defendant of this case against the Minister of Health and Welfare is not a disposition agency, and there is no error of law such as the theory of lawsuit in the decision of the court below. We do not agree with the reasoning.

2. The court below held that the successful dentist's national examination is a prerequisite for obtaining a dentist's license, but it does not change the legal status of a person who passed the national examination in addition to satisfying the requirements for obtaining the above license by passing the national examination. Thus, the plaintiffs who passed the national examination newly conducted after the failure disposition in this case did not have any legal interest to seek cancellation of the above failure disposition. In light of the provisions of related Acts and subordinate statutes, the judgment of the court below is just and acceptable, and it is not erroneous in the misapprehension of legal principles such as the theory of lawsuit.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sik (Presiding Justice)