2012Nu1558 Revocation of disposition, etc. to recover vocational ability development training costs

A Stock Company

1. The head of the Seoul Regional Employment and Labor Office;

2. The head of the Seoul Western District Office;

Seoul Administrative Court Decision 201Guhap4488 decided May 4, 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. The total costs of the lawsuit are borne by the Defendants.

1. Purport of claim

The disposition taken by the head of the Seoul Regional Employment and Labor Office to restrict the vocational ability development training course for the Plaintiff on September 30, 201 (from October 9, 2008 to October 8, 2009) and the order to return KRW 197,258,560 shall be revoked.

The order of return of KRW 7,395,220 to the plaintiff on November 8, 201 by the head of the Seoul Regional Employment and Labor Office of Seoul District Office is revoked.

2. Purport of appeal

The judgment of the first instance is revoked. All of the plaintiff's claims are 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 that the Defendants revoked each of the dispositions of this case on October 31, 2013, which was after the filing of the instant appeal, ex officio.

Therefore, the judgment of the court of first instance is revoked, and the lawsuit in this case is dismissed, and the total cost is borne by the Defendants under 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