Court rejects Mokpo National University's challenge to Sunchon medical school pick

The Gwangju District Court has dismissed a request by Mokpo National University to suspend the effect of Jeonnam-Gwangju's decision to select and recommend Sunchon National University as the candidate for a new national medical school. The court's Administrative Division 1, presided over by Judge Kim Jung-joong, issued the dismissal — a termination of the case without a ruling on the merits — on Oct 2, according to Hankook Ilbo. Seoul Shinmun also reported the dismissal, saying it gives momentum to the medical school's establishment. [ 1 , 2 ]

The court found that the recommendation was an internal, intermediate act between administrative agencies and not a “disposition” that can be challenged through administrative litigation, Hankook Ilbo and Asia Economy reported. Hankook Ilbo reported that the court also said that because both Mokpo National University and Sunchon National University are national universities whose rights holder is the Republic of Korea, it was difficult to recognise Mokpo National University's legal interest in contesting the matter. According to the same report, the court held that for an injunction to be granted, the underlying lawsuit must have a prospect of proceeding lawfully, and that this condition was not met. [ 1 , 3 ]

The two universities had been in conflict over the location of the medical school and its hospital headquarters and ultimately failed to submit a joint application to the Education Ministry for approval of an integrated medical school, Hankook Ilbo reported. Jeonnam-Gwangju then asked the Jeonnam Research Institute to review candidate universities for the region's national medical school, and on Aug 30 selected Sunchon National University as the final candidate and recommended it to the Education Ministry, according to the report. Mokpo National University filed the injunction and a main lawsuit, arguing that Sunchon National University passed the review without securing a site for the medical school and hospital. [ 1 ]

Asia Economy reported on Oct 3 that Mokpo National University said it respects the court's decision but plans a multi-pronged response, including asking the Education Ministry for an independent re-verification and considering an immediate appeal. The university said the ruling dealt only with the procedural requirement of whether the act was a challengeable disposition and did not judge the substantive legality of the candidate evaluation process. It said its core issues — whether Sunchon National University's plan had actual and specific rights to the site, and whether pre-set penalty criteria were properly applied — were not addressed, and that it will submit materials and opinions on fairness, the site situation and the penalty criteria to the Education Ministry's final review. [ 3 ]

Asia Economy also reported that the court stated the final authority to decide the medical school and the allocation of admission places rests with the education minister, who is not bound by the special city's recommendation and can review independently, and that if the minister confirms illegality or unfairness in the process, the ministry can require supplementation instead of selecting the university. The university is analysing the ruling's findings on disposition status and standing before deciding on an immediate appeal, and is discussing a joint response with its professors' council in the ongoing main lawsuit, the outlet reported. A Mokpo National University official told Asia Economy that the university would correct the procedural and substantive fairness of the evaluation through procedures allowed by law and complete its goal of building a regionally self-contained medical system. [ 3 ]