난민불인정결정취소
1. The plaintiff's appeal shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Whether a subsequent appeal is lawful;
A. The following facts are apparent in the record or are significant in this court:
1) On September 22, 2016, the Plaintiff filed the instant lawsuit with the Daegu District Court 2016Guhap1914, and the court of first instance served a notice of the date for pleading, etc. on the Plaintiff’s place of delivery, but did not serve the notice of the date for pleading on the complaint, and sent it by registered mail to the said place of delivery, as the Plaintiff did not appear. (ii) The court of first instance concluded the pleadings after the Plaintiff’s first date for pleading was in the absence of the Plaintiff’s presence. The court served the notice of the date for pronouncement to the said place of delivery, but did not serve on the said place of delivery by registered mail for the reason that the addressee was unknown.
3) The court of first instance rendered a judgment on November 11, 2016, which is the designated sentencing date, and served the original copy of the judgment as the service place, but did not serve again on the Plaintiff on November 21, 2016, and served the original copy of the judgment on the method of service by public notice on November 21, 2016, and deemed that it reached December 60, 2016. (4) The Plaintiff submitted a written appeal for the instant written appeal against the judgment of first instance on December 23, 2016, when the appeal period against the judgment of first instance expired.
B. 1) Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation, provides that “Where a party is unable to comply with the peremptory term due to any cause not attributable to him/her, he/she may supplement the litigation act in his/her negligence within two weeks from the date such cause ceases to exist.” In this context, the term “reasons not attributable to the party” refers to a cause for which the party cannot comply with the period, even though he/she has paid general attention to conduct the litigation, although he/she had paid due attention to conduct the litigation. 2) The Plaintiff is a party who filed the lawsuit, and is obligated
The plaintiff is not aware of the judgment of the court of first instance and is late.