The instant lawsuit is dismissed.

Costs of lawsuit shall be borne by the defendant.

If a disposition agency ex officio revokes an administrative disposition which is the object of dispute while the lawsuit is pending, such disposition loses its effect and does not exist any longer, so an appeal litigation against a non-existent disposition, in principle, is unlawful because the interests of the lawsuit are extinguished.

(See Supreme Court Decision 2004Du5317 Decided September 28, 2006, and Supreme Court Decision 2019Du4953 Decided April 9, 2020, etc.). According to the data submitted by the Defendant after the closure of the pleadings of the instant case, the Defendant revoked the disposition stated in the purport of the claim on October 5, 2020 and recognized the Plaintiff’s medical care benefits ex officio, and thus, the instant lawsuit sought revocation of the extinguished disposition after ex officio revocation and became invalid as there is no benefit of lawsuit.

Therefore, the lawsuit of this case is dismissed, and the costs of lawsuit are assessed against the defendant pursuant to Article 32 of the Administrative Litigation Act. It is so decided as per Disposition.