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Case Number of the immediately preceding lawsuit
Busan High Court 2016Nu2332 (Law No. 176,09)
Title
Whether an employee was employed in disguised manner during the period of license suspension;
Summary
The lawsuit of this case is not already extinguished due to the defendant's ex officio revocation, and the lawsuit of this case is dismissed as illegal because there is no interest in the lawsuit.
Related statutes
Article 15 of the Liquor Tax Act (Suspension of Sale of Alcoholic Beverages, etc.)
Cases
Supreme Court Decision 2017Du50805 ( October 26, 2017)
Plaintiff-Appellee
○○ Liquor Co., Ltd.
Defendant-Appellant
○ Head of tax office
Judgment of the lower court
Busan High Court 2016Nu2332 (Law No. 176,09)
Imposition of Judgment
October 26, 2017
Text
The judgment of the court below is reversed.
The judgment of the first instance court shall be revoked, and the case shall be dismissed. All costs of the lawsuit shall be borne by the defendant.
Reasons
The grounds of appeal are examined.
According to the records, the Defendant revoked the disposition of revocation on July 3, 2017, which was after the filing of the instant appeal on July 3, 2017, and the disposition of reduction of the volume of alcoholic beverage delivery on July 10, 2017, respectively.
Therefore, the plaintiff's lawsuit of this case is about a disposition that has not already been extinguished, and it became illegal as there is no interest in the lawsuit.
Therefore, the judgment of the court below shall be reversed, and this case is sufficient for the court to directly judge. The judgment of the court of first instance shall be revoked, and the lawsuit of this case shall be dismissed, and the total cost of the lawsuit shall be borne by the defendant in accordance with Article 32 of the Administrative Litigation Act. It is so decided as per Disposition by the assent