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(영문) 서울행정법원 2017.04.13 2016구합80632
불합격처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 22, 2016, the Defendant publicly announced “the 22th Certified Judicial Scriveners Examination Implementation Plan” and the main contents are as follows.

1. Number of persons to be selected;

(a) General applicants: 120 persons;

(b) A person who applies for a career with experience under Article 5-2 (1) and (2) of the Certified Judicial Scriveners Act: The number of successful applicants shall be determined by the method of determining successful applicants under Article 13 (3) of the Rules

2. On the basis of the third examination date of qualifications for application, there shall be no grounds for disqualification under Article 6 of the Certified Judicial Scriveners Act, and no person whose qualifications for application shall be suspended under Article 15 of the Rules of Certified Judicial Scriveners.

3. Subjects of examination;

(a) First test: A written multiple-choice test;

(b) Second examination: An subjective written examination;

(c) Third examination: oral examination (evaluation of expertise and application ability necessary to perform the duties of a certified judicial scrivener); and

4. The number of marks assigned to the subject of the examination shall be the same as that of each subject.

5. The schedule, method, etc. of examination;

B. From September 9, 2016 to the 10th day of the same month, the Plaintiff applied for the second examination for certified judicial scrivener examinations (hereinafter “instant examination”).

C. On November 16, 2016, the Defendant decided 124 successful examinees (54 successful examinees) among the applicants for the instant examination. On the same day, the Plaintiff acquired the following points and received an average of “53.6875 points” and disposed of the Plaintiff’s failure to pass the examination.

hereinafter referred to as "disposition of this case"

(B) Average A (Application Number B) No. 4 (Application Number 30.5, 21, 24.5, 25, 12.25, 23) 60 (Supplementary Act, 37, 23, 23) 53.6875 [No grounds for recognition, 1, 1, 3, and 5] 53.6875] 53.6875 [No grounds for recognition, 23, 1, 1, 3, and 5] 4 (Preparation of Documents for Registration of Real Estate Act, and Documents for Registration of Real Estate Act) (Preparation of Documents for Registration)

2. Whether the instant disposition is lawful

A. The plaintiff's assertion of this case.

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