직업능력개발훈련비반환처분등취소
2012Nu33531 Revocation of the disposition, etc. to refund training expenses for vocational skills development
A Stock Company
The Head of Seoul Regional Employment and Labor Agency
Seoul Administrative Court Decision 2012Guhap18868 decided October 5, 2012
November 14, 2013
November 14, 2013
1. Revocation of the judgment of the first instance, and the lawsuit of this case shall be dismissed;
2. All costs of the lawsuit shall be borne by the defendant.
1. Purport of claim
The Defendant’s order to restrict the payment of expenses to the Plaintiff on July 21, 201, the order to return KRW 324,769,280 for training expenses, and the order to restrict the payment of expenses and to return KRW 110,626,430 for training expenses on September 6, 201 shall be revoked.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Judgment ex officio is made.
If an administrative disposition is revoked, such disposition becomes void and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit (see, e.g., Supreme Court Decision 2011Du15343, Oct. 13, 201).
The record reveals the fact that the Defendant revoked the instant disposition ex officio on October 17, 2013, which was subsequent to the filing of the instant appeal.
Therefore, the judgment of the court of first instance is revoked, and the total cost of the lawsuit is borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition by the assent of all participating Justices.
The presiding judge, public judge and senior judge;
Judges, Appointment and Civility
Judges Cho Jong-sung