2012Nu2203 Revocation of revocation of revocation

A Stock Company

The Administrator of the Gyeonggi Local Labor Agency;

Suwon District Court Decision 201Guhap16460 Decided June 14, 2012

December 12, 2012

January 16, 2013

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

On December 12, 2011, the Defendant’s refusal to apply for employment maintenance support and to revoke the disposition of revocation of payment notice against the Plaintiff is revoked.

The reasoning of the first instance judgment is reasonable, and therefore, the reasoning of this judgment is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, and under the following, the plaintiff emphasizes again in the appellate court.

As to the grounds for prior disposition of this case, the Plaintiff asserts that, since it is difficult to expect the public to file an administrative litigation seeking the revocation of the prior disposition before the final and conclusive judgment of innocence was rendered, the right to file an application for revocation of the prior disposition should be recognized at least by sound reasoning after the final and conclusive judgment of innocence was rendered. However, the Plaintiff’s assertion alone cannot be deemed as having the right to file an application for revocation of the disposition that is not allowed to be asserted by administrative litigation,

Therefore, the plaintiff's appeal is dismissed for lack of reason.

The presiding judge, senior judge and senior judge

Judges Noh Jeong-il

Judges Jeong Jae-ok