2012Nu6621 Revocation of a disposition restricting the payment of costs, etc.

A Stock Company

The Head of Seoul Regional Employment and Labor Agency

Seoul Administrative Court Decision 2011Guhap3976 decided February 3, 2012

November 14, 2013

November 14, 2013

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed;

2. 10% of the total litigation costs shall be borne by the Plaintiff, and the remainder by the Defendant.

1. Purport of claim

The Defendant’s order to return KRW 877,961,940 to the Plaintiff on July 18, 2011 and the disposition of restricting the payment of expenses from July 26, 2008 to July 25, 2009 is revoked.

2. Purport of appeal

The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed (the part of the plaintiff's claim seeking revocation of an order of return of KRW 214,30 and the additionally collected amount of KRW 214,330, which was dismissed in the judgment of the first instance but was excluded from the object of the judgment of this court because the plaintiff

Judgment ex officio is made.

If an administrative disposition is revoked, such 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 2011Du15343, Oct. 13, 201).

According to the records, on October 31, 2013, following the filing of the appeal of this case, the Defendant revoked ex officio a disposition of restricting payment and an order of returning KRW 877,533,480 following the disposition of this case.

Thus, the plaintiff's claim seeking the cancellation of the above restriction on payment and the return order is sought for the cancellation of the non-existent disposition, and no longer has interests in the lawsuit, and thus, the part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the cancelled part is dismissed. It is so decided

The presiding judge, public judge and senior judge;

Judges, Appointment and Civility

Judges Cho Jong-sung