2023-08-25 08:02:00
A law school graduate was unable to take the bar exam by the deadline due to pregnancy and childbirth, so he filed a lawsuit asking for relief, but lost.
On the 25th, the 3rd administrative division of the Seoul Administrative Court (Presiding Judge Choi Su-jin) dismissed a lawsuit filed by a law school graduate named Kim against the government to confirm the status of taking the bar exam (2023 Guhap 57647).
In 2016, before graduating from law school, Mr. Kim failed the 5th bar exam. As he became pregnant the same year, he failed the bar exam six to eight times, and also failed the ninth exam, the last time he took it.
According to the Bar Examination Act, which stipulates that he can only take the exam five times in five years, he became a so-called ‘misprinter’ and could no longer take the exam. Article 7 of the Bar Examination Act stipulates that you can only take the exam 5 times within 5 years from the last day of the month you acquired your master’s degree in law school or from the date you took the exam as a prospective graduate. However, the period of military service to fulfill the obligation of military service is excluded from ‘5 years’ in recognition of a grace period.
Kim argued that pregnancy and childbirth should be exceptions because there are clear reasons for not taking the bar exam, just like military service, but the court did not accept it. In addition, Mr. Kim’s request for a constitutional adjudication was also rejected, saying that the Lawyer Examination Act, which stipulated typos, was unconstitutional, and that he would be judged by the Constitutional Court.
The Constitutional Court made constitutional decisions in 2016, 2020, and 2021, saying that the provision of five examinations over five years does not infringe on the freedom to choose a job.
1692962901
#Court #Pregnancy #childbirth #grounds #deferment #bar #exam