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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasons for this part of the disposition are as follows: (a) the reasoning for this part of the judgment of the court is as follows: (b) the respective “this court” under Articles 8(2) of the Administrative Litigation Act and 10 of the Civil Procedure Act shall be deemed as the “first instance court”; (c) the 10th of the 10th of the 10th of the 10th of the 10th of the 201th of the 10th of the 10th of the 10th of the 10th of the 201th of the 10th of the 201th of the 201th of the 201th of the 201
2. Determination on the defense prior to the merits
A. In light of the fact that the instant demonstration was already held in accordance with a decision to suspend the execution of the first instance court, and that even if the instant disposition was revoked, it is impossible to restore the original state to its original state, the Plaintiff does not have any legal interest to seek revocation of the instant disposition.
B. 1) A lawsuit seeking the revocation of an illegal administrative disposition is intended to restore the status of illegality caused by the illegal disposition to its original state, and protect or refrain from the rights and interests infringed or interfered with such disposition. Thus, even if the cancellation of the illegal disposition is impossible, there is no benefit to seek the revocation of the disposition (see, e.g., Supreme Court Decision 2004Du8538, Jan. 11, 2007). As seen earlier, the instant disposition is related to the instant demonstration held on December 10, 2016, and the effect of the instant disposition is extinguished upon the lapse of the period, and it cannot be restored to its original state even if the disposition is revoked. Therefore, the Plaintiff has no legal interest to seek the revocation of the instant disposition, barring any special circumstance, since the Defendant’s notification of the same prohibition or restriction as the instant disposition against the Plaintiff’s report even after the disposition in this case was issued, thereby infringing on the freedom of assembly demonstration.