직업능력개발훈련비용반환명령취소
2012Nu38697 Revocation of an order to refund expenses for vocational ability development training
A Stock Company
The head of the Sung-nam District Employment and Labor Office
Suwon District Court Decision 2012Guhap7944 Decided November 1, 2012
November 20, 2013
November 20, 2013
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit are borne by the Defendant.
1. Purport of claim
The Defendant’s order to restrict the payment of training expenses and subsidies to the Plaintiff on September 20, 201 to return KRW 13,267,502,890 shall be revoked.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
The fact that the defendant revoked ex officio the disposition stated in the purport of the claim on September 26, 2013 is no dispute between the parties.
Therefore, the lawsuit of this case is seeking revocation of a non-existent disposition, and thus, it is illegal as there is no interest in the lawsuit, so the judgment of the court of first instance is revoked and dismissed.
The presiding judge, senior judge and senior judge
Judges Noh Jeong-il
Judges Jeong Jae-ok