2012Nu102. Revocation of an order to refund workplace skill development training fees

A Stock Company

The head of the following mountainous districts of the Gwangju Regional Employment and Labor Office

Seoul Administrative Court Decision 201Guhap37435 decided March 22, 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 Defendant’s order to return training costs of KRW 3,385,943 against the Plaintiff on August 16, 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 September 26, 2013, which was subsequent to the filing of the instant appeal.

Therefore, the judgment of the court of first instance is revoked, and the lawsuit in this case is dismissed, and the total cost is borne by the Defendants under 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