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Cases
2012Nu180 Revocation of the disposition of revoking the illegally received vocational ability development subsidy;
Plaintiff-Appellant
A Co., Ltd. (formerly: B)
Defendant Appellant
The Seoul Regional Employment and Labor Agency Head of the Seoul Regional Labor Office
The first instance judgment
Seoul Administrative Court Decision 2011Guhap21928 decided November 24, 2011
Conclusion of Pleadings
November 20, 2013
Imposition of Judgment
November 20, 2013
Text
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
2. All costs of the lawsuit are borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
The order issued by the Defendant to refund training costs of KRW 16,09,220 to the Plaintiff on June 10, 2011 shall be revoked.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
The fact that the defendant revoked ex officio the disposition stated in the purport of the claim on October 21, 2013 is no dispute between the parties.
Therefore, the Plaintiff’s claim is seeking the revocation of a non-existent disposition, and became unlawful as there is no interest in the lawsuit. The judgment of the first instance is revoked, and the instant lawsuit is dismissed.
Judges
The presiding judge, senior judge and senior judge
Judges Noh Jeong-il
Judges Jeong Jae-ok