직업능력개발훈련비용반환명령취소
2012Du26159 Revocation of orders to refund costs of workplace skill development training
A Stock Company
The Administrator of the Incheon Northern District Office of Central Employment and Labor;
Seoul High Court Decision 2012Nu10491 Decided October 18, 2012
December 12, 2013
The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
All costs of the lawsuit shall be borne by the defendant.
The judgment on the grounds of appeal shall be made ex officio.
If an administrative disposition is revoked, the disposition becomes null and void due to the revocation, and no longer exists, and a lawsuit seeking revocation against non-existent administrative disposition is unlawful as there is no benefit of lawsuit (see, e.g., Supreme Court Decision 2004Du5317, Sept. 28, 2006).
According to the records, since the defendant's revocation of the disposition of this case on October 18, 2013, which was after the filing of the appeal of this case, was recognized as having been ex officio revoked, the plaintiff's lawsuit of this case seeking revocation of the disposition of this case became unlawful as there was no benefit of protection of rights, and the judgment of the court below which judged the lawsuit of this case on the premise
Therefore, without examining the grounds of appeal, the judgment of the court below is reversed without further proceeding to decide on the grounds of appeal. Since this case is sufficient for the court to decide on this case, the judgment of the court of first instance is revoked and the lawsuit of this case is dismissed, and the total costs of the lawsuit are to be borne by the defendant pursuant to Article 32 of the Administrative Litigation
Justices Shin Young-chul
Justices Lee Sang-hoon
Justices Kim Yong-deok
Justices Kim So-young