2012Du16398 Request for cancellation of administrative disposition, etc.

Korea Railroad Corporation

1. The head of Seoul Regional Employment and Labor Office;

2. The Administrator of the Seoul Southern District Office of Employment and Labor;

Seoul High Court Decision 2012Nu2926 Decided June 28, 2012

December 26, 2013

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and all of the lawsuits are dismissed. All costs of the lawsuit are borne by the Defendants.

The judgment on the grounds of appeal shall be made ex officio.

If an administrative disposition is revoked, the disposition becomes null and void due to the revocation, and no longer exists, and a lawsuit seeking revocation against non-existent administrative disposition is unlawful as there is no benefit of lawsuit (see, e.g., Supreme Court Decision 2004Du5317, Sept. 28, 2006).

According to the records, since the defendants' revocation of the disposition of this case after the filing of the appeal of this case is recognized, the plaintiff's lawsuit of this case seeking revocation of the disposition of this case was no longer unlawful since there was no benefit of protection of rights, and the judgment of the court below, which judged on the premise that the lawsuit of this case is legitimate,

Therefore, without examining the grounds of appeal, the judgment of the court below is reversed without further proceeding to decide on the grounds of appeal. Since this case is sufficient to be tried by the court, it is decided to revoke the judgment of the court of first instance and dismiss all the lawsuit of this case, and the total costs of the lawsuit are borne by the Defendants pursuant to Article 32 of the Administrative Litigation Act.

Justices Shin Young-young

Justices Lee Sang-hoon

Justices Kim In-bok, Counsel for the defendant

Justices Kim Gin-young