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'Perfect Paper Score, Interview Fail' University Student's Campus Transfer Rejection Appeal Finalized as Lost

'Perfect Paper Score, Interview Fail' University Student's Campus Transfer Rejection Appeal Finalized as Lost

[Asia Economy Reporter Kim Daehyun] The loss of a university student who filed a lawsuit against the school after failing the campus transfer exam has been finalized.


According to the legal community on the 3rd, the Supreme Court Civil Division 1 (Presiding Justice No Taeak) dismissed the appeal without trial in the final appeal of university student A against B University regarding the invalidation of the campus transfer failure decision, thereby confirming the lower court's ruling in favor of the defendant. Dismissal without trial is a system that rejects an appeal without substantive review if there is no special reason such as a serious violation of law in the lower court's decision.


Earlier, student A, a liberal arts major, took the exam in 2019 to transfer to the physics-related department at B University's Seoul campus. In the first stage document screening, A scored 89.99 points (out of 90). However, in the second stage interview, A received only 1.25 points (out of 10), far below the average interview score. The interviewers judged that A did not have sufficient mathematical ability and knowledge level to keep up with the major courses.


The final selection criteria were the combined scores of the first stage documents (90%) and the second stage interview (10%). Only one person was selected for the transfer exam, and A failed as the second place.


Subsequently, A filed a lawsuit claiming "the failure decision is invalid and should be canceled," alleging that the interviewers unfairly tried to fail him. A's side argued that "the interview was not conducted so poorly as to deserve a failing score, and if failure was to be based solely on being a liberal arts student, such notice should have been given from the beginning."


The first trial ruled against A, stating, "There is no evidence to recognize that the interviewers abused or exceeded their discretion." It also referred to the original exam announcement, which stated that "if judged to be below the academic completion standard based on the interview results, a 'fail' judgment will be given regardless of the first stage score."


During the appeal trial, A's side emphasized that the scoring of the first-place successful candidate, who could be a direct comparison target, was not disclosed. They argued that it was necessary to examine whether the basis for calculating the first and second places was reasonable and rational. A also testified in court, saying, "I naturally expected to pass after the interview."


However, the second trial upheld the first trial's judgment. The appellate court stated, "It cannot be recognized that the interviewers' low interview score for A was an abuse or excess of discretion, as they judged that A lacked understanding of the major of the transfer target department."


Furthermore, "The academic completion criteria stated in the announcement should be understood to include understanding of the major subjects and mathematical ability of the transfer target department," "and A, preparing for the interview, could have easily predicted that these aspects would be evaluated in the interview." The court also added, "Interviewers should be considered able to assign any score within the 0 to 10 point range based on their judgment."


The Supreme Court, agreeing with this judgment, dismissed the appeal without substantive review.


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