2012Nu31016 Revocation of disposition to order the refund of expenses for vocational ability development training

A Stock Company

The Head of Seoul Regional Employment and Labor Agency

Seoul Administrative Court Decision 201Guhap43102 decided September 13, 2012

December 4, 2013

December 4, 2013

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the lawsuit on this part shall be dismissed.

2. All costs of the lawsuit are borne by the Defendant.

1. Purport of claim

On September 23, 2011, the Defendant issued an order to return 108,510 won to the Plaintiff on September 23, 201, and issued an order to additionally collect KRW 108,510, and additionally collect KRW 2,046,749,180, which the Defendant paid to the Plaintiff.

2. Purport of appeal

The part against the Defendant in the judgment of the first instance is revoked, and that part of the Plaintiff’s claim is dismissed (the part of the Plaintiff’s claim seeking the cancellation of the order to return the amount of illegal receipt of KRW 108,510, and the additional collection disposition of KRW 108,510, among the claims, was dismissed at the first instance court, but was excluded

The fact that the defendant voluntarily cancelled an order to refund training costs of KRW 2,046,749,180 on October 31, 2013 is not a dispute between the parties.

Therefore, the Plaintiff’s claim seeking revocation of the above disposition is seeking revocation of the non-existent disposition, and became unlawful as there is no interest in the lawsuit. The part against the Defendant in the judgment of the first instance is revoked, and the lawsuit corresponding to this part is

The presiding judge, senior judge and senior judge

Judges Noh Jeong-il

Judges Jeong Jae-ok