2012du15937 Revocation of revocation of the decision to recover vocational ability development training costs

A Stock Company

The Head of Seoul Regional Employment and Labor Agency

Seoul High Court Decision 2012Nu6270 Decided June 28, 2012

December 12, 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.

When an administrative disposition is revoked, such disposition shall lose its validity, and no longer exists, and a revocation lawsuit against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit (see, e.g., Supreme Court Decision 2004Du5317, Sept. 28, 2006).

The record reveals the fact that the Defendant revoked the instant disposition ex officio on October 17, 2013, which was subsequent to the filing of the instant appeal. As such, the instant lawsuit had already been extinguished and sought revocation of the disposition without any legal interest, and thus, was unlawful as there was no benefit of lawsuit.

Therefore, the judgment of the court below shall be reversed, and this case is sufficient for the Supreme Court to directly render a judgment, and thus, 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 pursuant to Article 32 of the Administrative Litigation Act. It

Justices Kim So-young

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim Yong-deok