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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details and details of the disposition;
A. On November 23, 2017, the Plaintiff is a person who applied for the College Ability Test in 2018 at Seoul High School (Seoul Metropolitan Office of Education C Examination Chief, hereinafter “instant Examination Chief”).
B. In 2018, the Plaintiff selected the “Water I” as the first choice subject for the 4th curriculum test, and the “Field I” as the second choice subject, and applied in the order of Korean history, Water I, and Global Science I in the 2018 Academic Ability Test (hereinafter “instant examination”).
C. The 3 supervisorD discovered the Plaintiff’s fraudulent act on the ground that “the Plaintiff indicated the answer in the answer sheet No. 1 of the physical subject I after the completion of the entire examination of this case.”
On December 7, 2017, based on Article 34(4) of the Higher Education Act, the Defendant rendered a disposition that invalidated the Plaintiff’s College Ability Test in 2018 (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1, 6, and 7, witness D's testimony, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After the completion of the first choice test time in the instant test, the Plaintiff’s gist of the Plaintiff’s assertion only indicated the answer in the answer sheet of physical RiI before the end of the entire test of this case (in the case of global science first test time, which is the second choice subject), and there is no indication of the answer sheet in the answer sheet of the first choice subject (water I) after the completion of the entire test of this case.
The above act of the plaintiff does not constitute a fraudulent act stipulated in Article 34 (4) of the Higher Education Act or Article 7 of the Regulations on Handling of Cheaters in College College Ability Test.
In addition, if this is considered as an illegal act, it is not only required to have an act that has no possibility of expectation to the examinee.