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[Main Issues and Holdings]
In a case where the Ministry of Health and Welfare issued an order prohibiting the acceptance of collective resignation letters from medical residents in opposition to the government’s policy to gradually increase the enrollment quotas for medical schools nationwide, and where Party B and others, who were working as medical residents at the training hospital operated by the school foundation Party A, submitted their resignation letters and left the clinical practice site and approximately four months later, after the above administrative order was withdrawn, Party A accepted Party B’s resignation letters so Party B and others claimed damages against the State and Party A alleging that they suffered damages due to the unlawful administrative order and the resulting prohibition on accepting resignation letters, the court held that the above administrative order could not be deemed unlawful as it did not violate the principle of proportionality or significantly lose its validity according to social norms to constitute an abuse or deviation of discretionary power, thus judging that Party B’s claims were without merit.
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