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(영문) 전주지방법원 2016.01.20 2015구합223
퇴학처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

When an administrative disposition is revoked, such disposition shall lose its validity and shall no longer exist, and a revocation lawsuit against a non-existent administrative disposition shall be unlawful because it has no interest in the lawsuit.

(See Supreme Court Decision 2009Du16879 Decided April 29, 2010). However, there is no dispute between the parties that the Defendant voluntarily cancelled the expulsion from the claim on or around May 2015, when the lawsuit of this case is pending, the Defendant’s revocation of the expulsion from the claim is unlawful as there is no benefit of lawsuit, since the Defendant’s revocation of the instant disposition becomes null and void due to the Defendant’s ex officio revocation.

Therefore, the lawsuit of this case shall be dismissed, and the costs of the lawsuit shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.

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