(Cheongju) Claim for cancellation of an administrative disposition, etc.

Korea Railroad Corporation

The head of Daejeon Regional Employment and Labor Agency shall be the head of Daejeon Regional Employment and Labor Office

Cheongju District Court Decision 201Guhap1264 Decided May 3, 2012

December 18, 2013

January 22, 2014

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Purport of claim

The Defendant’s order to return KRW 11,441,170 to the Plaintiff on March 31, 201 shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Details of the disposition;

This Court's reasoning is the same as the pertinent column of the reasoning of the judgment of the court of first instance (from 4th to 3 last directions of the judgment of the court of first instance). Thus, this Court's reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act, Article 420 of the Civil Procedure Act.

2. Whether the lawsuit of this case is lawful

ex officio, we examine the legitimacy of the instant lawsuit.

A. If an administrative disposition is revoked, the disposition becomes void 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 2009Du16879, Apr. 29, 2010).

B. According to the purport of the evidence Nos. 11 and 12 and the entire arguments, the Constitutional Court rendered a decision of unconstitutionality on August 29, 2013 on the ground that Article 35(1) of the former Employment Insurance Act violates the principle of prohibition of comprehensive delegation under Article 75 of the Constitution (201Hun-Ba390). Accordingly, it is recognized that the Defendant revoked the instant disposition ex officio on October 17, 2013. Accordingly, the instant lawsuit seeking revocation of the instant disposition was filed against the disposition for which no interest in lawsuit exists, and is unlawful as there is no interest in lawsuit.

3. Conclusion

Therefore, the lawsuit of this case shall be dismissed, and 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.

The presiding judge, senior judge and public officer;

Judges Lee Dong- State

Judges Lee Jae-soo