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Cases
2013Nu3223 Revocation of disposition, such as disposition, to receive training fees;
Plaintiff-Appellant
A Stock Company
Defendant Appellant
The Head of Seoul Regional Employment and Labor Agency
The first instance judgment
Seoul Administrative Court Decision 2012Guhap29936 decided December 21, 2012
Conclusion of Pleadings
November 20, 2013
Imposition of Judgment
November 20, 2013
Text
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
2. All costs of the lawsuit are borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
The order issued by the Defendant to refund training costs of KRW 59,956,530 to the Plaintiff on October 18, 2011 shall be revoked.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
Reasons
The fact that the defendant revoked ex officio the disposition stated in the purport of the claim on October 30, 2013 is no dispute between the parties.
Therefore, the Plaintiff’s claim of this case is seeking revocation of a non-existent disposition, and became unlawful as there is no benefit of lawsuit. The judgment of the first instance is revoked and the lawsuit of this case is dismissed.
Judges
The presiding judge, senior judge and senior judge
Judges Noh Jeong-il
Judges Jeong Jae-ok