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(영문) 서울행정법원 2011.9.8. 선고 2011구합6639 판결

재고용신청접수거부취소

Cases

2011. Revocation of rejection of an application for re-employment

Plaintiff

A

Defendant

Minister of Employment and Labor

Conclusion of Pleadings

August 25, 2011

Imposition of Judgment

September 8, 2011

Text

1. The instant lawsuit was concluded on July 7, 201 as deemed the withdrawal of the lawsuit. On July 2, 201, the litigation costs incurred after the completion of the lawsuit are borne by the Plaintiff.

Purport of claim

The defendant's refusal to accept an application for re-employment against the plaintiff shall be revoked.

Reasons

According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, in cases where both parties are absent or fail to present at the date for pleading two times or more, the lawsuit shall be deemed to have been withdrawn, if there is no application for designating a date within one month from the date for pleading of the second absence of the said parties, or if both parties fail to appear on the date determined by the application for designating a date or on the subsequent date,

With respect to the instant case, the Plaintiff filed the instant lawsuit, and notified that he/she would appear on the date of first pleading (as of May 3, 201, 15:30) and the date of second pleading (as of May 31, 201, 15:20) but did not appear on each of the above date of pleading, and the Defendant litigation performer did not appear on each of the said dates of pleading, but did not appear on each of the said dates of pleading. The Plaintiff filed an application for designation of the date on June 21, 201, within one month from the date of pleading of the second absence. Accordingly, the Plaintiff did not appear on the third day of pleading (as of July 7, 2011, 14:50) but did not appear on the said date of pleading. The Defendant litigation performer did not appear on the said date of pleading but did not appear on the said date of pleading.

Thus, the lawsuit of this case shall be deemed to have been withdrawn on July 7, 201, which is the third date for pleading, and shall be deemed to have been terminated. Therefore, it is so decided as per Disposition.

Judges

The assistant judge of the presiding judge;

Judges Calopics

Judges Kim Gin-hee