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(영문) 서울행정법원 2014.10.23 2014구합59924
정보공개거부처분취소
Text

1. Of the instant lawsuit, the Defendant’s revocation of the second bar examination failure disposition against the Plaintiff on April 26, 2013.

Reasons

1. Details of the disposition;

A. According to Article 8(3) [Attachment 4] 2 of the Enforcement Decree of the Bar Examination Act, the minimum passing score for each subject is 40% of the full score for each subject, and according to Article 7(2) of the Enforcement Decree of the Bar Examination Act, “the minimum passing score for each subject of the written examination (hereinafter referred to as “the selective subject”) shall be 40% of the full score among the minimum passing score for the written examination under [Attachment 4] 2 of the Enforcement Decree of the Bar Examination Act” means the passing score for each subject of the written examination (hereinafter referred to as “mark score”) calculated by the examination committee’s marks and the passing score for each subject of the written examination (hereinafter referred to as “Coordination score”) calculated by the method under Article 6, whichever is above 40% of the full score.

B. From January 4, 2013 to January 8, 2013, the Plaintiff applied for the second bar examination administered by the Defendant (hereinafter “instant examination”). The subjects of the instant examination, allocated points, and points that the Plaintiff acquired are as follows.

Classification 100 170 100 - 175 - 200 200 350 100 100 175 - Total (minimum passing point) 400 (160) 400 (160) 700 (280) 160) 160 (64) Plaintiff’s grade 212.35 180.70 359.459 54.13

C. On April 26, 2013, the Defendant held a bar examination management committee to determine the passing criteria of the instant examination as “a person who has obtained at least 762.03 points (per 1,660 points) from among applicants who have obtained at least 40 percent of the minimum passing score (per 40 percent of the perfect score of each subject),” and issued a pass notice to 1,538 applicants among applicants, and rejected the Plaintiff on the ground that the passing score of the selective written examination falls short of the minimum passing score.

(hereinafter “instant failure disposition”) D.

On May 24, 2013, the Plaintiff (hereinafter “instant information”) disclosed the information pertaining to the Defendant’s marking points of the written selective examination of the subject of choice (hereinafter “instant information”).

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