beta
(영문) 서울행정법원 2016.07.22 2015구합6989

장해등급불승인처분취소

Text

1. The instant lawsuit was concluded on May 16, 201 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. Basic facts

A. The Plaintiff filed the instant lawsuit on June 22, 2015, and the Plaintiff’s written complaint submitted by the Plaintiff is indicated as “Seoul Gangnam-gu,” and the place of service as “Seoul Postal Office Box C” (hereinafter “Seoul Postal Office Box”) in the place of service.

B. The court designated the first date for pleading on March 18, 2016 as the first date for pleading, and the notice on the date for pleading was served lawfully on February 16, 2016.

C. On March 18, 2016, the Plaintiff was absent on the first day for pleading opened on March 18, 2016, and the Defendant’s attorney was present, but did not present.

On the other hand, this Court designated the second date for pleading as 10:20 on April 15, 2016, and the notice on the date for pleading was served lawfully on March 28, 2016.

E. However, on April 15, 2016, the Plaintiff was absent at the second date for pleading opened on April 15, 2016, and the Defendant’s attorney was present, but did not present at the hearing.

F. On April 21, 2016, the Plaintiff was admitted to the Seoul detention center on April 5, 2016, and was unable to attend the said date for pleading, and submitted a written request to request the delivery of the date to “D (E)” in the future. On June 8, 2016, the Plaintiff submitted an application for the resumption of argument to the effect that the date will be opened again on June 8, 2016, and on June 13, 2016, the Plaintiff submitted an application for the resumption of argument to the effect that the pleading will be resumed and a new date will be set again.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. Article 8 (2) of the Administrative Litigation Act, Article 268 of the Civil Procedure Act, in case where both parties are absent or have not present at the date of pleading, even if they are present at the date of pleading two times, when there is no application for designation of date within one month from the date of pleading where they are absent, or when both parties are present at the date determined by the application for designation of date or on the subsequent date, or even if both parties are present