난민불인정결정취소
1. The instant lawsuit was concluded on July 20, 2016 as deemed the withdrawal of the lawsuit.
2. After filing an application for designation of the date on August 10, 2016.
1. The following facts in fact of recognition are clear in the records or significant to this court:
After filing the instant lawsuit, the Plaintiff failed to perform its duty to report the change in the place of service, and accordingly, the instant court served a notice of the date of pleading on the ground of dispatch as the place to be served on the Plaintiff cannot be known.
B. Even when the Plaintiff was served with a notice of legitimate date for pleading, the Plaintiff was absent on the first day for pleading ( July 6, 2016) and the second day for pleading ( July 13, 2016) and the third day for pleading ( July 20, 2016). The Defendant litigation performer did not appear on the said date for pleading, but did not appear on the said date for pleading.
C. On August 10, 2016, the Plaintiff applied for the designation of the date when “the date was set and changed because the Plaintiff did not dispute the Korean language and did not change the service place due to lack of specification in the Korean law.”
2. According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, both parties were absent or present at least three times on the date of pleading, which determined the validity of the deemed withdrawal of action.
Even if no pleading has been made, the lawsuit shall be considered to have been withdrawn.
According to the above facts, the plaintiff was absent on the first, second, and third date for pleading even after being notified of legitimate date, and the defendant's litigation performer present on each of the above dates for pleading but did not present, and thus, the lawsuit in this case was concluded upon being deemed to have been withdrawn on July 20, 2016, and it cannot be deemed that the effect of deeming the withdrawal of the lawsuit depends solely on the circumstances of the plaintiff's internal objection.
3. In conclusion, the instant lawsuit is deemed to have been withdrawn on July 20, 2016, and thus, it is so decided as per Disposition by the declaration of the termination of the lawsuit.