요양급여비용지급보류처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
When an administrative disposition is revoked, such disposition shall lose its validity and shall no longer exist, and a revocation lawsuit against a non-existent administrative disposition shall be unlawful because it has no interest in the lawsuit.
(See Supreme Court Decision 2009Du16879 Decided April 29, 2010). However, there is no dispute between the parties that the Defendant revoked ex officio a disposition to suspend the payment of the medical care benefit cost stated in the purport of the claim on or before December 29, 2016 while the instant lawsuit is pending, and the instant lawsuit becomes null and void as it becomes null and void due to the Defendant’s ex officio revocation, and there is no legal interest in the instant disposition that does not exist any longer.
Therefore, the lawsuit of this case shall be dismissed, and the costs of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.