행정심판청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In order to recognize a legal interest in a lawsuit seeking the cancellation of an administrative disposition, which is an appeal litigation as to the legality of the lawsuit in this case, there should be “legal interest” as referred to in Article 12 of the Administrative Litigation Act. The legal interest refers to a case where there is a direct and specific interest protected by the law based on the relevant disposition, and where it is merely an indirect or factual, or an economic interest, it does not constitute such case. If the validity period of an administrative disposition is determined and the validity or execution of the disposition is not suspended, the effect of the administrative disposition is invalidated upon the lapse of such period. Thus, there is no legal interest to seek the cancellation of the disposition, unless there are any special circumstances
(2) In light of the above legal principles, the disposition of this case was already executed on March 13, 2015 by the Defendant against the Plaintiff (hereinafter “instant disposition”). The fact that the execution of the disposition of this case had already been completed is not in dispute between the parties concerned, or is recognized by the purport of Gap evidence 1-1, 2, and Eul evidence 7 and all pleadings. Thus, the execution of the disposition of this case was already completed, and there is no special circumstance to deem that any legal interest is being infringed due to the remaining form of the disposition of this case. Thus, there is no legal interest to seek the cancellation of the disposition of this case.
2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.