(a) Where any illegal administrative disposition is revoked, but it is impossible to reinstate it, whether there is a benefit in a lawsuit seeking the revocation thereof;

(b) The case holding that there is no benefit to seek the revocation of an instruction for renunciation of qualifications, in case where the association orders certain members at the general meeting and obtained an authorization for the establishment of the association on the ground of a change of association members, under a disposition of renunciation of qualifications for association members

A. A lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking the restoration of the state of illegality caused by the illegal disposition to its original state and protect or relieve the rights and interests infringed or interfered with the disposition. Thus, even if the illegal disposition is revoked, there is no benefit to seek the cancellation if the restoration is impossible

B. In a case where some of the members of the workplace housing association brought a lawsuit seeking revocation of a disposition of deprivation of qualification as a member of an administrative agency for the recovery of status as a member, the case holding that, not by an administrative agency’s disposition of deprivation of qualification as a member, the members of the workplace housing association, but by an association with legitimate authority to grant and deprive the member’s qualifications after the disposition, the members were expelled from the association in accordance with the articles of association at the extraordinary general meeting and subsequently became disqualified by obtaining an authorization for modification of the association establishment on the ground of changes from the administrative agency, and therefore, the members of the association did not recover their status as a member even if they won a lawsuit seeking revocation of the administrative agency’s disposition

Article 12 of the Administrative Litigation Act

A. Supreme Court Decision 91Nu1131 delivered on April 24, 1992 (Gong1992, 1738) 93Nu3905 delivered on September 14, 1993 (Gong1993Ha, 281) 93Nu20481 delivered on January 14, 1994 (Gong194Sang, 738)

Plaintiff 1 and one other plaintiffs, Counsel for the plaintiff-appellant Kim Ba-young

Head of Gu of the Busan Metropolitan City;

Busan High Court Decision 92Gu2226 delivered on April 6, 1994

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

A lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking to restore the state of illegality caused by the illegal disposition to the original state and protect or refrain from the rights and interests infringed or interfered with such disposition. Thus, even if the illegal disposition is revoked, if it is impossible to restore it to the original state, there is no benefit to seek the cancellation (see, e.g., Supreme Court Decision 93Nu3905, Sept. 14, 1993; 91Nu1131, Apr. 24, 1992).

According to the reasoning of the judgment of the court below, the plaintiffs asserted that they lost their status as a member of the non-party housing association of the Geumcheon Police Station and workplace housing association of this case by the defendant's disposition of deprivation of qualification as a member of the housing association of this case, and thus, they reached the lawsuit of this case seeking revocation of the above disposition in order to recover their status. The court below determined that the plaintiffs in this case did not lose their membership qualification by the defendant's above disposition, but the above union with legitimate authority to grant and deprive union members after the above disposition became disqualified pursuant to the articles of incorporation at the special general meeting and became disqualified as a member upon the change of union members. Thus, even if they won in the lawsuit seeking revocation of the above disposition of this case, the plaintiffs did not recover their status as a member of the above association, and therefore, they

In light of the records and relevant Acts and subordinate statutes, the above judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the legal principles as to the interest of the lawsuit, such as the theory of lawsuit. There is no reason for argument.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-ho (Presiding Justice)