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(영문) 서울행정법원 2015.11.12 2015구합61429
평가불인정처분취소청구의 소
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) The defendant may conduct the evaluation and recognition of the learning courses that are installed and operated by the vocational skills development training establishments, etc. under Article 2 subparagraph 3 of the Act on the Development of Workplace Skills of Workers (hereinafter referred to as the "Act on Recognition of

Article 3(1) of the Act on Recognition of Credits, Etc. (hereinafter “Enforcement Decree of the Act on Recognition of Credits”).

(Article 3 subparag. 5) The equivalent credits shall be recognized for those who have completed the course of study evaluated and approved as such.

(Article 7(1)(b) of the Act on Recognition of Credits.

On December 2014, the Plaintiff applied for the assessment and recognition of 20 learning courses, such as field training in social welfare, to the Defendant pursuant to Article 3 (2) of the Act on Recognition of Credits.

On January 27, 2015, the Defendant notified the Plaintiff that “The Plaintiff cannot conduct the evaluation and assessment of the above 20 learning courses with a point of less than 86 points below 105 points (70% of the base point of 150 points) in the area of operational conditions in the evaluation field (the scope of basic requirements, the area of operational conditions, and the field of learning).”

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection against the instant disposition with the Defendant, but was dismissed on April 1, 2015.

[Ground of recognition] Facts without dispute, Gap 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 did not publish the allocated points according to the evaluation items, which are the criteria for the instant disposition, and thus, violated Article 20(1) of the Administrative Procedures Act. 2) Article 5(1)1 of the Enforcement Decree of the Act on Recognition of Credits provides the qualification criteria for professors and instructors as the criteria for evaluation evaluation. As such, the Defendant’s use of the ratio of full-time faculty instructors or part-time tuition fees for professors in the field of operational conditions as evaluation items is not based on the law.

In addition, the defendant's operating environment points fall short of the standard points.

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