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(영문) 대법원 2013.11.28. 선고 2012두16176 판결
고용보험기금지원제한처분취소
Cases

2012du16176 Revocation of the revocation of restriction on employment insurance fund support

Plaintiff, Appellee

Eastern Co., Ltd.

Defendant Appellant

The Administrator of the Incheon Northern District Office of Central Employment and Labor;

The judgment below

Seoul High Court Decision 2011Nu45711 Decided June 28, 2012

Imposition of Judgment

November 28, 2013

Text

The judgment of the court below is reversed.

The judgment of the first instance court is revoked, and the lawsuit is dismissed. All costs are borne by the defendant.

Reasons

Judgment ex officio is made.

According to the records, since the defendant revoked ex officio the disposition of this case on October 18, 2013, which was after the filing of the appeal of this case, the plaintiff's lawsuit of this case had already been extinguished and sought revocation of the disposition that did not exist, and thus became unlawful as there was no benefit of the lawsuit. Therefore, the judgment of the court below is reversed. Therefore, since this case is sufficient for the court to directly judge, the judgment of the court of first instance is revoked, and the lawsuit of this case is dismissed, and the total cost of the lawsuit is borne by the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition

Judges

Justices Lee Jae-soo

Justices Min Il-young

Justices Park Young-young

Justices Kim In-bok, Counsel for defendant

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