행정처분등취소
(Chuncheon)Revocation of administrative action, etc., 2012Nu121
Korea Railroad Corporation
The Administrator of the Central Regional Employment and Labor Office
Chuncheon District Court Decision 2011Guhap496 Decided December 20, 2011
January 22, 2014
February 12, 2014
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the defendant.
1. Purport of claim
The Defendant’s order to return 31,353,270 won to the Plaintiff on March 22, 2011 is revoked.
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Details of the disposition;
The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Determination as to the legitimacy of the instant lawsuit
ex officio, we examine the legitimacy of the instant lawsuit.
The Defendant’s revocation of the instant disposition on October 29, 2013 by authority has no dispute between the parties, and thus, the Plaintiff’s lawsuit seeking revocation of the instant disposition became unlawful due to the lack of interests in the protection of rights.
3. Conclusion
Therefore, the lawsuit of this case is unlawful, and the judgment of the court of first instance has different conclusions, so the judgment of the court of first instance shall be revoked and the lawsuit of this case shall be dismissed, but the total cost of lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation
the presiding judge and deputy judge
Judges Kim Jong-tae
Judges Chief Salary;