Court Specifies "Ministry of Education Can Conduct Independent Review"


University Joins Forces with Faculty Council for Legal Action

The Mokpo National University’s injunction application contesting the recommendation decision for the national medical school candidate by the Jeonnam-Gwangju Integrated Special City has been dismissed by the court.


On the 3rd, Mokpo National University expressed its respect for the court’s decision, but also announced its intention to take multifaceted follow-up actions, including formally requesting the Ministry of Education to conduct an independent re-evaluation and filing for an immediate appeal.


The Administrative Division 1 of the Gwangju District Court dismissed the injunction application on October 2, explaining that Jeonnam-Gwangju Integrated Special City’s act of selecting and recommending Suncheon National University as the candidate for a new national medical school constitutes only an internal and intermediate act among administrative agencies, and thus, it cannot be regarded as an administrative “disposition” subject to lawsuit.

Front View of National Mokpo University

Front View of National Mokpo University

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Mokpo National University clarified that “this decision concerns only the procedural requirement of whether the act qualifies as a disposition, not the substantive legality of the candidate evaluation process itself.”


In particular, the university emphasized that the core issues it has consistently raised—such as whether Suncheon National University actually secured the rights to the proposed site as indicated in its application and whether the predetermined penalty point criteria were properly applied—were not addressed in this decision.


Mokpo National University is focusing on the court’s statement that the final authority to decide on new medical schools and allocate admission quotas lies with the Minister of Education, and that the Ministry of Education may conduct its own independent review, not bound by the recommendations of the Special City.


The court also determined that if the Minister of Education identifies illegality or unfairness in the recommendation or review process, the Ministry may take necessary follow-up actions, such as requesting additional documentation, rather than making an immediate final selection.


Accordingly, Mokpo National University plans to actively submit materials and opinions regarding the fairness of the evaluation process, Suncheon National University’s actual acquisition of campus land, and any failure to apply the penalty point criteria during the Ministry of Education’s final review. The university also intends to officially request that the Ministry, as the body with the final authority, re-examine the evaluation process from an independent and objective perspective and take necessary corrective measures.


Additional legal actions are also being considered. Mokpo National University is carefully reviewing the court’s judgment regarding the nature of the disposition and the applicant’s eligibility before deciding whether to file an immediate appeal.


The university is also paying close attention to the court’s clarification that university autonomy is a constitutionally protected right and that, depending on the matter, professors or faculty councils may also qualify as parties entitled to rights and remedies. The university is thus discussing with the faculty council ways to mount a joint response in the ongoing main lawsuit.



A representative from Mokpo National University stated, “We feel deeply sorry for the residents of the southwestern Jeonnam region, who have hoped for the establishment of a medical school and university hospital for the past 36 years. We will do our utmost within the bounds of the law to correct procedural and substantive injustices in the evaluation process and fulfill our goal of establishing a regionally-complete medical system.”


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