2012Nu1039 Revocation of the revocation of the restriction on payment of subsidies

A Co., Ltd. (formerly: B)

The head of the Sung-nam District Employment and Labor Office

Suwon District Court Decision 201Guhap7251 Decided December 8, 2011

November 8, 2013

November 29, 2013

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

2. All costs of the lawsuit shall be borne by the defendant.

1. Purport of claim

On March 21, 2011, the Defendant’s disposition to restrict the payment of vocational ability development subsidies granted to the Plaintiff and the order to return KRW 132,515,690 shall be revoked.1)

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

The fact that the defendant revoked ex officio the disposition stated in the purport of the claim on October 18, 2013 is no dispute between the parties.

Therefore, the Plaintiff’s claim of this case 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 court is revoked and dismissed.

The presiding judge, judge and assistant administrator;

Judges Nown Korea

Judge Lee Ro-man

1) The Plaintiff asserted a restriction on payment of KRW 132,515,690 as the preliminary claim on May 9, 201. However, this is merely a correction of a reduction of the restriction on payment of KRW 160,030,410 as of March 21, 201, the subject of the lawsuit ought to be deemed a restriction on payment of KRW 132,515,690 as of March 21, 201, which was revised by the reduction of KRW 132,515,69 as of March 21, 201. Therefore, the purport of the instant preliminary claim is not separately stated.