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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. We examine ex officio the lawfulness of the instant lawsuit.
Where the effective period of an administrative disposition is fixed, the effect of such administrative disposition shall lose due to the lapse of such period, and there is no legal interest to seek the cancellation of such disposition, unless there are special circumstances to deem that any legal interest is infringed due to the remaining effects of such disposition after the elapse
On the other hand, in the case where the court decides to suspend the validity of the disposition of the administrative agency ordering the suspension of the qualification for a certain period of time, the period of suspension of license as stipulated in the disposition is suspended. However, if the validity of the suspension decision is terminated due to the expiration of the period of suspension as stipulated in the above suspension decision or the cancellation of the decision, the validity of the original suspension of license is naturally restored and the period of suspension determined in
(2) The court of first instance rendered a decision to suspend its validity until the 15th day after the first instance judgment was rendered (Seoul Administrative Court Decision 2004Du9012, Oct. 13, 2005, etc.) on the instant case (see, e.g., Supreme Court Decisions 98Du1471, Feb. 23, 199; 2004Du9012, Nov. 25, 2004; 2005Du7143, Oct. 13, 2005). According to the health records and records, the Plaintiff filed a lawsuit seeking the cancellation of his/her license (hereinafter referred to as “instant disposition”) from the Defendant on Jan. 2, 2013 and filed a request for the suspension of its validity on the instant disposition, and the Plaintiff did not file an appeal to the effect of the instant disposition after the first instance court’s decision to suspend its validity (Seoul Administrative Court Decision 2013Do8136, Apr. 1, 2013, 2013).
Therefore, the decision of the court of the first instance to suspend its validity.