2011Du15060 Revocation of the issuance of Certificates

1. A;

2. B

[Defendant-Appellant] Plaintiff C

A person shall be appointed.

Law Firm G

Seoul High Court Decision 2010Nu23387 Decided June 14, 2011

February 28, 2013

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to Article 107 of the former Education Act and Article 80 (1) 2 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 7220 of Aug. 14, 1974; hereinafter the same shall apply), a person who is eligible to enter a high school is defined as a graduate from a middle school or a person recognized as having an equivalent or higher academic background. "Various kinds of schools" in the middle school course is recognized as a person who graduated from a middle school only if it is designated as a school whose academic background is recognized by the literature delivery Minister at the time of entrance to a higher school pursuant to Article 80 (1) 2 of the former Enforcement Decree of the Education Act.

According to the reasoning of the first instance judgment as partially accepted by the lower court and the reasoning of the lower judgment, the lower court acknowledged the facts as indicated in its reasoning based on the adopted evidence, and determined that the principle of good faith or the principle of trust cannot be applied as long as the Plaintiffs’ admission was in violation of relevant Acts and subordinate statutes, even if the Plaintiffs’ admission was granted even after completion of the curriculum, so long as the Plaintiffs’ admission was null and void as the Plaintiffs’ admission was in violation of relevant Acts and subordinate statutes, and thus, the same as the middle school graduates was not designated as a school with higher school admission academic background by the literature delivery minister at the time.

In light of the relevant legal principles and records, the judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles as to qualification for admission to high school or the principle of protection of trust as alleged in the grounds of appeal

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim So-young