난민불인정결정취소
1. The plaintiff's appeal shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Ex officio, we examine the legitimacy of the appeal of this case.
1. The fact of recognition is clear in the record that the court of first instance rendered a judgment against the Plaintiff on September 14, 2017 regarding the instant lawsuit seeking the revocation of the non-recognition of refugee status stated in the claim against the Defendant, and that the original copy of the judgment was served on the Plaintiff on September 6, 2016 by means of service by public notice, and that the Plaintiff filed an subsequent appeal against the judgment of the first instance court on December 6, 2017, where the period of appeal for two weeks, which is the peremptory term, expired from the Plaintiff.
2. Whether the subsequent appeal of this case is lawful
A. The main text of Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation pursuant to Article 8(2) of the Administrative Litigation Act, provides, “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 by neglecting his/her duty within two weeks from the date such cause ceases to exist.” However, “reasons not attributable to the party” in this context refers to cases where the party cannot comply with the period, even though he/she fulfilled his/her duty of care to conduct the litigation in general (see, e.g., Supreme Court Decision 2004Da2083, Mar. 12, 2004). The party instituting the litigation, as a matter of course, is obligated to conduct the litigation at a certain stage by ascertaining
In addition, the degree of the duty of care for procedural acts cannot be viewed differently solely on the ground that the foreigner is a foreigner.
B. However, with respect to the grounds for which the plaintiff had no choice but to file an appeal later, the plaintiff did not make any specific assertion as to the submission of a petition of appeal at the latest, since it did not receive a notice at the time, and there is no other ground for allowing the subsequent completion of the procedural acts in the record.
Rather, according to the records of this case, the plaintiff himself submits the complaint of this case.