이전
Represented Yonsei University and succeeded in a preliminary injunction case concerning an alleged leak of entrance exam questions for the 2025 admissions process
다음
- Type
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최근업무사례
- Published on
- 2025.01.03
Lee & Ko represented Yonsei University in a case concerning the 2025 Yonsei University natural sciences entrance exam (early admissions) conducted on 12 October 2024 and ultimately won the case for the client against 18 students (the movants) who filed the action, including an application for a preliminary injunction demanding a retest.
In the first instance, the court dismissed the application for a preliminary injunction demanding a retest, but granted a preliminary injunction stating that “the subsequent procedures following the entrance exam shall be suspended until the first instance decision on the merits has been rendered.”
This decision which accepted the preliminary injunction in part, caused Yonsei University’s early admissions process to be suspended, and caused much uncertainty not only for the students who took Yonsei University’s entrance exam in question, but all students across the nation facing university admissions, leading to much disruption in the national university admissions process.
Lee & Ko immediately appealed against the first instance decision and argued that “① the movants do not have the right to suspend the admissions process for other selection units they have not applied for, ② the movants have no legal grounds to demand a retest and the suspension of subsequent procedures without a retest provides no benefits to the movants, so that there is no interest in protecting their rights and the necessity for preservation cannot be recognized, and ③ in the case of a ‘preliminary injunction to determine temporary status,’ a high degree of prima facie establishment regarding the right to be preserved and the necessity for preservation is required. However, in the present case, the movants mainly submitted evidence that was written anonymously, which undermines its credibility. Even when considering other evidence, there is insufficient prima facie establishment to conclude that the fairness of the essay test has been significantly compromised to the extent that it could invalidate the entire test.”
The appellate court sided with Lee & Ko, overturned the preliminary injunction granted by the court of first instance, and dismissed the movants’ preliminary injunction application.
This case highlights how Lee & Ko successfully prevented significant disruptions to the 2025 admission process of not only Yonsei University but universities across the country. Lee & Ko’s success stemmed from our meticulous analysis of legal principles and development of logical arguments on various complex issues, including the scope of a preliminary injunction in civil cases, the prima facie level of proof needed to preserve rights in a preliminary injunction case and whether such preservation is necessary, and the scope of autonomy that private universities have in the admission process.