2011Nu41580 Revocation of administrative disposition, etc.

Korea Railroad Corporation

The Administrator of the Gyeonggi Local Labor Agency;

Suwon District Court Decision 201Guhap7084 Decided October 26, 2011

November 8, 2013

November 29, 2013

1. Of the judgment of the court of first instance, the part against the defendant regarding the "disposition to restrict the payment of training expenses for one year (from March 24, 2008 to March 23, 2009) dated March 21, 201, and claim to revoke the disposition to collect training expenses for vocational skills development of KRW 16,248,910 as of March 22, 201, which was made by the defendant against the plaintiff, shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed.

2. All costs of the lawsuit shall be borne by the defendant.

1. Purport of claim

The Defendant’s disposition to revoke the recognition of vocational skills development training courses (one half of a person in charge of the consultation on railroad operation and the training period: from February 14, 2008 to February 26, 2008) conducted against the Plaintiff on March 21, 201, the disposition to restrict recognition of and restrict the training courses for one year from March 21, 201 to March 20, 2012, the disposition to refund the illegally received amount of KRW 145,090, the additional collection of KRW 435,270, the disposition to restrict the payment of training expenses for one year (from March 24, 2008 to March 23, 2009), the disposition to restrict the payment of training expenses for one year (from March 24, 2008 to March 23, 2009).

2. Purport of appeal

In the judgment of the first instance court, the part of the judgment against the defendant as to "the restriction on the payment of training costs for one year (from March 24, 2008 to March 23, 2009) dated March 21, 201 that the defendant against the plaintiff, and the part of the "the claim to revoke the disposition to revoke the vocational ability development training collection of KRW 16,248,910 as of March 22, 201," which was revoked, shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

3. Scope of the judgment of this court.

The plaintiffs sought a judgment identical to the original purport of the claim. The court of first instance affirmed the part of the claim for the cancellation of the disposition to restrict the payment of training costs for one year (from March 24, 2008 to March 23, 2009) from March 22, 201, and the part of the claim for the cancellation of the disposition to recover training costs for vocational skills development of KRW 16,248,910 as of March 22, 201. ② The part of the training course for vocational skills development of March 21, 201 (one half of the half of the training courses in charge of consultation on railroad operation safety: from February 14, 208 to February 26, 2008), and the part of the appeal that became final and conclusive as to the above training course for one year from March 21, 201 to March 20, 2012, and thus, the plaintiff was dismissed.

In full view of the purport of the entire argument in Eul evidence 21, the defendant's ex officio revocation of the "disposition to restrict the payment of training expenses for one year (from March 24, 2008 to March 23, 2009) from March 21, 201, and the "disposition to recover training expenses for vocational skills development" for one year (from March 24, 2008 to March 23, 2009) from March 22, 2011.

Therefore, the plaintiff's claim seeking the cancellation of the above disposition is seeking the cancellation of the non-existent disposition, and became illegal as there is no interest in the lawsuit.

In the judgment of the first instance court, the part against the defendant regarding the claim for revocation of the above disposition shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed

The presiding judge, judge and assistant administrator;

Judges Nown Korea

Judge Lee Ro-man