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(영문) 서울행정법원 2016.12.02 2016구합5396
원서접수거부처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 31, 2015, the Defendant publicly announced an open competitive recruitment examination for national public officials of Grade VII and Grade IX on December 31, 2016. The period of receipt of applications for the seven open competitive recruitment examination according to the foregoing public notice is from June 8, 2016 to August 13, 2016; the date of written examination is from August 27, 2016; the date of issuance of written examinations is October 6, 2016; the date of written examinations is from November 8, 2016 to November 11, 2016; and the date of issuance of written examinations is November 25, 2016.

On June 29, 2016, the Plaintiff filed a civil petition with the Internet National Newspaper to the effect that “the Plaintiff was unable to receive the application within the period of receiving the application for an open competitive recruitment examination for national public officials of Grade VII, but this is based on personal circumstances, such as the Plaintiff’s blocking contact with the outside from May to June 2016, and thus, the Plaintiff applied for the receipt of the application for the examination for public officials of Grade VII,” and the Defendant sent a reply to the effect that the schedule for the open competitive recruitment examination for national public officials of 2016 was already publicly announced on October 28, 2015 and December 31, 2015, so it is impossible to accept the additional application as long as the period of receiving the application under the above public notice expires for the fair test management.

The defendant's response to this case is 'the notification of this case'.

(2) In light of the above legal principles, the court below’s determination as to the legitimacy of the instant lawsuit ex officio based on the following facts: (a) without any dispute; (b) Gap evidence No. 1 and Eul evidence No. 3; and (c) the purport of the entire pleading as to the legitimacy of the instant lawsuit. In order for an administrative agency to determine that the refusal of an action upon the citizen’s affirmative filing of an application constitutes an administrative disposition subject to appeal litigation, the filing of the application must be an exercise of public power or other equivalent administrative action; and (c) the refusal should cause any change in the applicant’s legal relationship; and (d) the citizen should have the right to file an application under the relevant law or sound reasoning to demand the action (see, e.g., Supreme Court Decision 96Nu14036, Jul.

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