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(영문) 서울행정법원 2017.11.09 2017구합4598
제6회변호사시험 면과락불합격처분취소
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 Plaintiff applied for the 6th bar examination (hereinafter “instant examination”) implemented from January 10, 2017 to the 14th day of the same month as a professional law school graduate, and acquired a total of 729.70 points.

B. On April 14, 2017, the Defendant held a bar examination management committee to determine the passing criteria of the instant examination as follows, and issued 1,593 applicants among the 3,110 applicants as successful applicants, who failed to pass the said examination (hereinafter “instant disposition”) to the Plaintiff, who fall short of the said passing criteria (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 10(1) of the Act on the Examination of Attorneys at Law provides that “The passing of the examination shall be determined by taking into account the purpose of introducing the law school,” and “the purpose of introducing the law school” refers to allowing the Plaintiff to obtain a lawyer’s license when passing the qualifying examination administered by an absolute evaluation. However, the Defendant issued the instant disposition against the Plaintiff even though the Plaintiff applied for the instant examination and obtained the points corresponding to the face value of face value in all subjects. This is unlawful as it goes against Article 10(1) of the Act on the Examination of Attorneys at Law, and it is against the principle of proportionality, even though the Plaintiff acquired the points corresponding to face value of face value at the instant examination, it is unlawful for the Defendant to conduct the instant disposition by operating the bar examination by a relative evaluation method against the principle of proportionality. (b) The Defendant violating the principle of equality without reasonable grounds.

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