2012Nu39768 Revocation of order to refund subsidies for workplace skill development training

A Stock Company

The Head of Seoul Regional Employment and Labor Agency

Seoul Administrative Court Decision 2012Guhap20182 decided November 23, 2012

November 20, 2013

November 20, 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 June 23, 2011, the order issued by the Defendant to refund KRW 83,220 to the Plaintiff, and the order to additionally collect KRW 249,660 and to return KRW 488,04,30 to the Plaintiff shall be revoked.

2. Purport of appeal

The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim concerning this part shall be dismissed.

(The part of the Plaintiff’s claim seeking an order to refund training costs of KRW 83,220 and revocation of the disposition to additionally collect training costs of KRW 249,660, which was dismissed by the first instance court, but was excluded from the subject of this Court’s adjudication due to the Plaintiff

The fact that the defendant voluntarily cancelled the order to refund the training expense subsidy of 488,044,300 won on October 17, 2013 is not a dispute between the parties.

Therefore, the Plaintiff’s claim seeking revocation of the return order is seeking revocation of a non-existent disposition, and became illegal as there is no benefit of lawsuit. The part against the Defendant in the judgment of the first instance is revoked, and the lawsuit corresponding to that part is dismissed.

The presiding judge, senior judge and senior judge

Judges Noh Jeong-il

Judges Jeong Jae-ok