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Cases
2012Nu39560 Revocation of an order, etc. to refund training expenses
Plaintiff-Appellant
A Stock Company
Defendant Appellant
The Head of Seoul Regional Employment and Labor Agency
The first instance judgment
Seoul Administrative Court Decision 2012Guhap5169 decided November 23, 2012
Conclusion of Pleadings
November 14, 2013
Imposition of Judgment
November 14, 2013
Text
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed;
2. 10% of the total litigation costs shall be borne by the Plaintiff, and the remainder by the Defendant.
Purport of claim and appeal
1. Purport of claim
On November 23, 2011, the Defendant issued an order to return the illegally received amount of KRW 59,980 to the Plaintiff, and the additional collection and disposition of KRW 59,980,00, and the order to return KRW 755,552,360, which was issued by the Plaintiff.
2. Purport of appeal
The part against the defendant in the judgment of the court of first instance is revoked and the plaintiff's claim corresponding to the revoked part is dismissed (the part of the plaintiff's claim seeking the return order of 59,980 won and the revocation of the additional collection disposition of 59,980 won, among those of the plaintiff's claim, was dismissed in the judgment of the court of first instance, but
Reasons
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).
According to the records, the Defendant revoked ex officio the order to refund KRW 755,552,360,00 after filing the instant appeal on October 31, 2013.
Therefore, the Plaintiff’s claim seeking the revocation of the above return order is seeking the revocation of a non-existent disposition, and thus becomes unlawful as there is no interest in the lawsuit. Therefore, the part against the Defendant in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to the revocation portion is dismissed. It is so decided
Judges
The presiding judge, public judge and senior judge;
Judges, Appointment and Civility
Judges Cho Jong-sung