Reasons such as 'Cheonjaejibyeon' Do Not Apply
Cancellation Lawsuit and Request for Suspension of Execution
The Council of Professors from 33 medical schools nationwide argued that the government's plan to increase medical school admissions for the 2025 academic year violates the current Higher Education Act.
Lee Byung-chul, a lawyer representing the council (Law Firm Chanjong), announced on the 7th that he submitted a written statement containing this argument to the Seoul Administrative Court Administrative Division 11 (Presiding Judge Kim Jun-young), which is hearing the injunction application case against the medical school admission increase.
In the statement, the council said, "The government's decision to increase admissions clearly violates the deadline for changing the college entrance examination implementation plan set by the Higher Education Act," adding, "Since it violates the mandatory provisions of the Higher Education Act, it is not only illegal but also null and void."
Article 34-5 of the Higher Education Act stipulates that the college entrance examination implementation plan must be announced at least 1 year and 10 months before the admission year. The announced implementation plan can only be changed for reasons specified by Presidential Decree.
The council rebutted, "Changes to the college entrance examination have a significant impact on examinees, and this is to prevent administrative unpredictability, legal instability, and constitutional violations caused by arbitrary administrative actions by those in power, as in this case."
The council claims that the government's increase in medical school admissions is illegal because it does not fall under the reasons for changes specified in the Presidential Decree.
The council stated, "According to media reports, the government appears to be trying to apply the reason 'in cases of unavoidable circumstances recognized by the Minister of Education, such as natural disasters,' one of the six reasons for changes specified by the Presidential Decree, to the medical school admission increase," and pointed out, "However, this provision was added in 2017 due to the earthquake in Pohang, Gyeongbuk, which delayed the College Scholastic Ability Test and required adjustment of the admission schedule. It has been applied to changes in the college entrance examination implementation plan caused by situations similar to natural disasters like the COVID-19 pandemic."
On the 5th, the council filed a lawsuit to cancel the government's plan to increase medical school admissions by 2,000 students for the 2025 academic year against the Minister of Health and Welfare and the Minister of Education, and also applied for an injunction.
The court scheduled the injunction hearing for the afternoon of the 14th.
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