2012Nu30471. Revocation of an order to refund training costs

A Stock Company

1. The Commissioner of the Korea Regional Employment and Labor Agency;

2. The Administrator of the Gyeonggi-do Office for Local Employment and Labor;

3. The Commissioner of the Gwangju Regional Employment Agency.

4. The head of Seoul Regional Employment and Labor Agency;

Seoul Administrative Court Decision 2012Guhap17551 Decided September 7, 2012

November 14, 2013:

November 14, 2013

1. Revocation of the judgment of the first instance, and all of the lawsuits of this case shall be dismissed;

2. The total costs of the lawsuit are borne by the Defendants.

1. Purport of claim

The order for refund of KRW 63,22,412 of the training expenses incurred on July 7, 201 by the Commissioner of the Seoul Regional Employment and Labor Office, and the order for refund of KRW 963,535,900 of the training expenses incurred on August 1, 201; ② the order for refund of KRW 698,58,750 of the training expenses incurred on August 7, 201 by the head of the Ansan-gu Regional Employment and Labor Office; ② the order for refund of KRW 698,53,020 of the training expenses incurred on July 20, 201; ③ the order for refund of KRW 51,953,020 of the training expenses incurred on July 20, 201; ③ the order for refund of KRW 496,549,650 of the training expenses incurred on July 8, 201; and ④ the order for refund of KRW 130,303,97

2. Purport of appeal

The judgment of the first instance is revoked. All of the plaintiff's claims are dismissed.

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 that the Defendants revoked each of the dispositions of this case ex officio from October 17, 2013 to October 31, 2013, which was subsequent to the filing of the instant appeal.

Therefore, the judgment of the court of first instance is revoked, and all of the lawsuits of this case are dismissed, and the total costs of the lawsuit are borne by the Defendants under Article 32 of the Administrative Litigation Act. It is so decided as per Disposition by the court below.

The presiding judge, public judge and senior judge;

Judges, Appointment and Civility

Judges Cho Jong-sung