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(영문) 서울행정법원 2016.03.24 2015구합9827
공인중개사자격시험불합격처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Under Article 36(2) of the Enforcement Decree of the Licensed Real Estate Agents Act, the Defendant entrusted the Minister of Land, Transport and Maritime Affairs with business affairs related to the implementation of the qualifying examination for licensed real estate agents on October 26, 2014 (hereinafter “instant examination”). The details of the instant examination are as follows.

1) Examination subject(a) The first examination: The first examination is divided into the first examination and the second examination conducted on the same day (if conducted at the same time, the second examination conducted by a person who has failed to pass the first examination shall become null and void) and the second examination conducted on the same day (if the first examination is conducted at the same time), all of the first examination questions are comprised of five multiple-choice questions, and 40 points per subject are determined to pass the first examination (3). A person who has obtained at least 40 points in each subject out of 100 and at least an average of at least 60 points in all subjects: A person who has passed the first examination and obtained at least 10 points in each subject and obtained at least an average of at least 60 points in all subjects: A person who has obtained at least 10 points in each subject and obtained at least an average of at least 40 points at least 60 points in all subjects.

B. The Plaintiffs applied for the second examination during the instant examination, and the second examination is about 40 points per subject, and the Plaintiffs obtained each of the total points of 177.5 points and average points of 59.16 points, respectively.

C. On November 26, 2014, the Defendant rendered a disposition of failure to comply with all of the instant dispositions (hereinafter collectively referred to as “instant dispositions”) on the grounds that the Plaintiffs fall short of the average of 60 points of all subjects, which are the criteria for the determination of passing the instant secondary examination.

As seen below, each of the Plaintiffs stated in the “relevant Plaintiff’s column” as to each of the issues stated in the “related subject” as indicated in the table below refers to the Plaintiff’s selective answer in the answer sheet.

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