2011du26596 Revocation of revocation of license

A

Jeju Commissioner of Local Police Agency

Gwangju High Court ( Jeju) Decision 2011Nu152 Decided October 5, 2011

June 23, 2015

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.

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 Supreme Court Decision 20045317, Sept. 28, 2006).

According to the records, the defendant may know the fact that he voluntarily revoked the instant disposition on June 2, 2015, which was after filing the instant appeal. As such, the lawsuit of this case is seeking revocation of the disposition that does not exist, and became unlawful as there was no interest in the 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 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 is so decided

Justices Lee Jae-soo

Justices Kim Yong-deok

The Chief Justice Park Jae-young

Justices Kim Gin-young