(영문) 울산지방법원 2020.9.24.선고 2018구합7536 판결

1. On July 25, 2018, the Defendant’s disposition suspending the Plaintiff’s qualification to apply for national technical qualification shall be revoked.

Purport of claim

The same shall apply to the order.

Reasons

1. Details of the disposition;

A. Pursuant to Article 23(2) of the National Technical Qualifications Act and Article 29(4) of the Enforcement Decree of the same Act, the Defendant is an institution that is entrusted by the Minister of Employment and Labor with the affairs pertaining to the execution of the examination for the electric technical field to conduct the examination for the electric technical field, and the Plaintiff applied for the examination for the examination for the performance of the electric technical field on September 13, 2017 conducted by the Ji-Tex University (hereinafter “instant examination”).

나. 이 사건 시험은 제1과제의 경우 PLC 작업(노트북을 활용한 전기 시퀀스 회로의 프로그래밍 작업), 제2과제의 경우 판넬에 전기배선 작업으로 구성되는데, 제1과제는 2 시간, 제2과제는 4시간 동안 이루어지고, 제1과제는 수험생들이 직접 가지고 온 개인노트북을 활용하여 작업이 이루어지게 된다.다. 이 사건 시험 관련 인터넷 카페의 운영자 이운영은 위 카페 회원들을 상대로 이 사건 시험에 관한 부정행위에 참여할 수험생들을 모집하여 자신이 개설한 카카오톡 단체 대화방(이하 '이 사건 대화방'이라고 한다)으로 초대한 다음 자신의 사무실을 방문하도록 하여 이 사건 시험의 수험생들이 시험장에서 이용할 노트북에 구글 드라이브를 설치하고, 실기시험 중 문제지를 풀이한 답안을 구글 드라이브에 게시하거나 이 사건 대화방에 답안을 게시하는 방법으로 이 사건 시험에 관한 부정행위를 공모하였다.

D. On July 12, 2017, the Plaintiff participated in the cell room of this case and found it in the office of the operation of this case and provided an explanation on the method of its use. However, prior to the instant test, the Plaintiff deleted the Gogle dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dials from the instant test site

E. On July 25, 2018, the Defendant rendered a disposition to restrict the Plaintiff’s eligibility for national technical qualification (hereinafter “instant disposition”) for three years (from July 16, 2018 to July 15, 2021) on the ground that the Plaintiff committed an unlawful act in the instant examination.

F. On June 25, 2020, the Ulsan District Prosecutors' Office, in collusion with the operation of the Plaintiff on June 25, 2020, rendered a decision of non-prosecution of the charge of obstruction of the performance of official duties in the instant case by means of the same method as that of paragraph (c) of the same Article that the Plaintiff interfered with the performance of duties in the instant case (Slsan District Prosecutors' Office 2018, 8091, 19673).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff was provided with improper means from the operation, but was deleted the Gogle Rabs installed in the Nowon-gu and did not put the mobile phone necessary for fraudulent acts into the test site of this case. Rather, the plaintiff did not commit unlawful acts, such as the waiver of the test of this case and the discharge of the test site of this case.

B. Relevant statutes

Attached Form 3 is as listed in the "relevant Acts and subordinate statutes".

C. Determination

In full view of the following circumstances, the plaintiff cannot be deemed to have committed an unlawful act in the examination of this case, and the plaintiff's assertion is with merit. In full view of the above facts as well as the evidence and the purport of the whole oral argument, the plaintiff's assertion is with merit.

① On July 12, 2017, the Plaintiff participated in the cell room of this case and found it in the office of this operation, and provided an explanation on the method of use, but deleted the Google dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial

② The Plaintiff’s above act was prepared with help from inside and outside the test place (Article 15(1)6 of the Enforcement Rule of the National Technical Qualifications Act) or prepared a answer site using communications devices and electronic devices during the test time (Article 15(1)10 of the Enforcement Rule of the National Technical Qualifications Act). It is difficult to deem that the Plaintiff’s act constitutes an act of taking tests in an illegal or unfair manner (Article 15(1)11 of the Enforcement Rule of the National Technical Qualifications Act) and thus, it is difficult to deem that the Plaintiff committed an unlawful act prescribed in each subparagraph of Article 15(1) of the Enforcement Rule of the National Technical Qualifications

③ On June 25, 2020, the Ulsan District Prosecutors’ Office rendered a non-prosecution decision against the Plaintiff on the charge that “the Plaintiff sent the message on the instant room with respect to the suspected charge of obstruction of the performance of official duties by fraudulent means, and the details using cell phone data are confirmed during the instant examination, but only that is, it is difficult to deem that the Plaintiff reported the answers that the Plaintiff had carried out the instant examination, and that it was difficult to recognize that the Plaintiff had carried out the instant examination.”

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.