2012Du23327 Revocation of administrative disposition, etc.

Korea Railroad Corporation

The head of the Central and Central Regional Employment and Labor Office;

Seoul High Court Decision 2012Nu4502 Decided September 20, 2012

November 28, 2013

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

All costs of the lawsuit shall be borne by the defendant.

Judgment ex officio is made.

According to the records, since the Defendant’s revocation ex officio of the instant disposition on October 18, 2013, which was after the filing of the instant appeal, was recognized, the Plaintiff’s lawsuit of this case was already extinguished and sought revocation of the disposition that did not exist, and thus, the Defendant did not have any interest in the lawsuit, thereby making it illegal.

Therefore, the judgment of the court below shall be reversed, and since 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 costs shall be borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition by the assent of

Justices Lee In-bok

Justices Min Il-young

Justices Park Poe-young

Chief Justice Kim Shin