2012Nu363. Revocation of disposition, etc. to collect vocational ability development training expenses

A Stock Company

1. The Commissioner of the Regional Employment and Labor Office in Gwangju;

2. The head of Seoul Regional Employment and Labor Agency;

Seoul Administrative Court Decision 2012Guhap20380 decided October 26, 2012

November 8, 2013

November 29, 2013

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the lawsuits against this part shall be dismissed.

2. The total costs of the lawsuit are borne by the Defendants.

1. Purport of claim

A. On July 5, 2011, Defendant Gwangju Regional Employment and Labor Agency (hereinafter referred to as “Defendant 1”) issued an order to return KRW 106,264 won to the Plaintiff, and an order to return KRW 69,685,910 for additional collection and vocational skills development training costs, each of which is revoked.

B. The order to return KRW 16,57,600 to the Plaintiff on July 8, 201 by the head of the Seoul Regional Employment and Labor Office (hereinafter “Defendant 2”) shall be revoked.

2. Purport of appeal

The part against the Defendants in the judgment of the first instance is revoked, and this part of the Plaintiff’s claim is dismissed in entirety.

3. Scope of the judgment of this court.

The Plaintiff sought a judgment identical to the original purport of the claim. The court of first instance dismissed the part of the claim for cancellation of the order to return the illegally received amount of KRW 106,264 and the order to additionally collect the same amount of additional collection against Defendant 1, and ② accepted the part of the claim for cancellation of the order to return training costs of KRW 69,685,910 with respect to Defendant 1, and fully accepted the part of the claim against Defendant 32. Thereafter, Defendant 1 appealed against the above part (2) and Defendant 2 appealed against the above part (3), but the Plaintiff did not appeal. Accordingly, the part of the judgment of the first instance became final and conclusive, and was excluded from the object of this

On October 11, 2013, Defendant 1 issued an order to refund KRW 69,685,910 for vocational skills development training expenses, and Defendant 2’s revocation of the order to refund KRW 16,57,600 for vocational skills development training expenses around October 2013, there is no dispute between the parties.

Therefore, the Plaintiff’s claim seeking the revocation of this disposition is seeking the revocation of a non-existent disposition, and became unlawful as there is no interest in the lawsuit. The part against the Defendants in the judgment of the first instance court is revoked, and all of the lawsuits are dismissed.

The presiding judge, judge and assistant administrator;

Judges Nown Korea

Judge Lee Ro-man