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(영문) 광주고등법원 2015.04.16 2014누6226
법학전문대학원입학허가취소처분취소청구
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s revocation disposition of passing the Plaintiff on March 21, 2014 is revoked.

3...

Reasons

1. Basic facts

A. On February 26, 2010, the Plaintiff completed the course of law at B University, and completed the course of law at B University, and completed year 201, applied for a master’s degree course at B University University’s professional law school. On February 11, 2011, the Plaintiff received the Defendant’s notice of passing through “the notice of passing an additional 5th regular screening” (hereinafter “instant pass disposition”) and entered B University’s professional law school (hereinafter “instant graduate school”) on March 2, 201.

B. At the time of March 21, 2014, the Defendant notified the Plaintiff of the revocation of passing due to the Plaintiff’s failure to obtain bachelor’s degree pursuant to Article 22 of the Act on the Establishment and Operation of Professional Law Schools (hereinafter “Law School Act”).

(hereinafter “instant disposition to revoke the passing of the case”). (c)

It is as shown in the attached Form of relevant statutes.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 9, 14, and 15, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Defendant’s assertion is based on the premise that the Plaintiff obtained a bachelor’s degree before entering the above graduate school. Since the Plaintiff failed to obtain it before entering the graduate school, the passing disposition of this case is naturally null and void as it violates Articles 22 and 23 of the Law School Act. The Defendant’s notification of the cancellation of passing disposition of this case as to the invalidation of this case is merely notification to the Plaintiff that the passing disposition of this case was null and void from the beginning, and thus, it cannot be subject to administrative litigation.

Therefore, the Plaintiff’s claim is unlawful.

B. 1) First, we examine whether the Defendant’s passing disposition of this case is legitimate and void as a matter of course. (A) According to Articles 22 and 23(1) of the Law School Act, the Defendant has a bachelor’s degree or an equivalent academic background according to the law.

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