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| TITLE | Supreme Court Decision 2022Du56661 Decided April 4, 2024 【Disposition Refusing Objection to Admission Process and Lawsuit Seeking Revocation of Disposition of Rejection】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where the believers of the Seventh-day Adventist Church in the entrance examination process of a professional law school of a national university are disadvantaged on the grounds of their religious beliefs, whether the president is obliged to take any active measure to eliminate any disadvantage given to the believers of the Seventh-day Adventist Church according to the principle of proportionality (affirmative) [2] In a case where Party A, a believer of the Seventh-day Adventist Church who submitted an application for admission to a professional law school of a national school, was notified that his or her first round of document screening had been passed, and his or her interview was scheduled on Saturday morning; Party A submitted a written objection to the effect of demanding a change in his or her interview schedule to the last turn on Saturday afternoon to keep his or her religious faith in the Sabbath prohibiting secular activities before sunset on Saturday; however, the president refused the objection raised by Party A and gave a notice of rejection to Party A who failed to take the interview, the case holding that the president’s act of neglecting grave disadvantages given to Party A on the grounds of his or her religious faith by refusing a change in Party A’s interview schedule is illegal in violation of the principle of proportionality under the Constitution of the Republic of Korea, and the disposition of rejection issued on the grounds that Party A failed to take the interview on the day of the interview illegally scheduled should be revoked | |
