Whether there is a benefit in a lawsuit seeking revocation, even if an illegal administrative disposition is revoked, if reinstatement is impossible;

A lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking to restore the state of illegality caused by the illegal disposition to its original state and to protect or relieve the rights and interests infringed or interfered with the disposition, and thus, there is no benefit to seek the cancellation in principle, if it is impossible to restore

Article 12 of the Administrative Litigation Act / [Interest of Litigation]

Supreme Court Decision 86Nu676 delivered on February 24, 1987 (Gong1987,575) 91Nu1131 delivered on April 24, 1992 (Gong1992,1738) 92Nu4956 delivered on January 15, 1993 (Gong193,737)

[Judgment of the court below]

Attorney Jung-gu et al., Counsel for the defendant-appellant

Busan High Court Decision 92Gu732 delivered on January 13, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

A lawsuit seeking cancellation of an illegal administrative disposition is a lawsuit seeking to restore the state of illegality caused by an illegal disposition to its original state and protect or relieve the rights and interests infringed or obstructed by such disposition, and thus, even if such disposition is revoked, if it is impossible to restore it to its original state, there is no benefit to seek cancellation in principle (see, e.g., Supreme Court Decision 91Nu1131, Apr. 24, 1992; 86Nu676, Feb. 24, 1987)

According to the reasoning of the judgment below, the plaintiff asserted that he lost his status as a member of the non-party agricultural cooperative's association due to the defendant's withdrawal order in this case, and that he sought revocation of the withdrawal order in order to recover his status. The court below determined that the plaintiff did not lose his status as a member of the above cooperative without any legal ground, but the above union with legitimate authority to grant and deprive the above union member's qualification after the above withdrawal order in this case was expelled from the plaintiff through the resolution of the general assembly and the board of directors, and subsequently, the plaintiff was disqualified by obtaining the authorization to change the association member's qualification on the ground of the change of the union member. Thus, even if the plaintiff won the lawsuit against the defendant's withdrawal order in this case, the plaintiff did not recover his status as a member of the above cooperative,

In light of the records and relevant Acts and subordinate statutes, the above judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the legal principles as to the interest in the lawsuit, such as the theory of lawsuit. There is no reason for argument.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)