2012Nu12398 Revocation of a decision to recover subsidies from employers

A Stock Company

The head of the Seoul Regional Employment and Labor Office Seoul East Site

Seoul Administrative Court Decision 2011Guhap38193 decided April 5, 2012

November 14, 2013

November 14, 2013

1. Revocation of the judgment of the first instance, and the lawsuit of this case shall be dismissed;

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

1. Purport of claim

The Defendant’s revocation of the part of KRW 47,468,240 of the redemption disposition against the Plaintiff on September 26, 2011.

2. Purport of appeal

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

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).

The record reveals the fact that the Defendant revoked the instant disposition ex officio on October 21, 2013, which was subsequent to the filing of the instant appeal.

Therefore, the judgment of the court of first instance is revoked, 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 by the assent of all participating Justices.

The presiding judge, public judge and senior judge;

Judges, Appointment and Civility

Judges Cho Jong-sung