2012Nu9026 Application for removal from office and application for reinstatement from office

Revocation of Denial

A

Minister of Employment and Labor

Seoul Administrative Court Decision 2011Guhap36647 decided February 23, 2012

March 22, 2013

April 19, 2013

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance shall be revoked. The defendant shall revoke the plaintiff's refusal to withdraw from the business owner as he/she won after filing an application for unfair dismissal, and the business owner's refusal to return to the plaintiff shall be revoked.

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation concerning this case is as stated in the reasoning of the first instance court's decision, except that the defendant cannot be deemed as not only a legal interest but also a "administrative agency which has rendered a disposition, etc." under the main sentence of Article 13 (1) of the Administrative Litigation Act, and thus, it is unlawful as it does not recognize the defendant's standing." Thus, it is identical to the reasoning of Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, judge and assistant administrator;

Judges Nown Korea

Judge Lee Ro-man