2012Nu20238 Revocation of orders or dispositions to refund vocational ability development training expenses

A Stock Company

The Head of Seoul Regional Employment and Labor Agency

Seoul Administrative Court Decision 2012Guhap12297 decided June 15, 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 order issued by the Defendant to return KRW 24,529,139 to the Plaintiff on November 22, 2011 shall be revoked.

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 31, 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