beta
Cases
2012Nu13070 Revocation of disposition, etc. to collect vocational ability development training expenses
Plaintiff-Appellant
A Stock Company
Defendant Appellant
The Head of Seoul Regional Employment and Labor Office Seoul Southern Site
The first instance judgment
Seoul Administrative Court Decision 2011Guhap39929 decided April 12, 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 August 26, 2011, the Defendant revoked the cancellation of recognition of the FA FA project for the 45 FA FI project for the Plaintiff on August 26, 201 and the restitution of KRW 170,173,550.
2. Purport of appeal
The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed (the part seeking the revocation of the revocation of recognition among the plaintiff's claim was dismissed in the judgment of the first instance but was excluded from the object of adjudication of this court
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).
The record reveals the fact that the Defendant revoked ex officio the instant recovery disposition on October 11, 2013, which was subsequent to the filing of the instant appeal.
Therefore, the Plaintiff’s claim seeking the revocation of the restitution disposition of this case is seeking the revocation of a non-existent disposition, and 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 revoked part is dismissed, and it is so decided
Judges
The presiding judge, public judge and senior judge;
Judges, Appointment and Civility
Judges Cho Jong-sung