beta
(영문) 서울고등법원 2019.10.25 2019누53008

난민불인정결정취소

Text

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.

Reasons

1. Whether the appeal is lawful;

A. According to the records of recognition, the following facts can be acknowledged.

1) The Plaintiff filed the instant lawsuit on January 18, 2019, and entered the Plaintiff’s domicile and place of delivery into Pyeongtaek-si B in the same manner as the Plaintiff’s domicile and place of delivery. (2) The Plaintiff was present on February 19, 2019, the notice of the date of pleading change on March 4, 2019, the notice of the date of pleading change on March 7, 2019, the notice of the date of pleading change on April 15, 2019, the notice of the date of pleading change on April 22, 2019, and the Defendant’s written response on April 16, 2019 at the address above, and on April 25, 2019.

3) On May 23, 2019, the court of first instance concluded the pleading on the date of pleading, and notified the date of pronouncement to May 23, 2019, and sentenced the judgment under the condition that the Plaintiff was absent on the date of declaration notified. 4) On May 23, 2019, the court of first instance sent the original copy of the written judgment to the Plaintiff’s domicile as indicated in the complaint, but was not served as a closed text, and on June 4, 2019, the original copy of the written judgment was not served as a closed text.

5) On June 17, 2019, the court of first instance served by public notice the authentic copy of the written judgment and came into force on July 2, 2019. (6) The Plaintiff submitted a written appeal for the subsequent completion on July 22, 2019.

B. According to Article 173(1) of the Civil Procedure Act, which is applicable mutatis mutandis by Article 8 of the Administrative Litigation Act, where a party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date when such cause ceases to exist. The term “reasons not attributable to the party” under the said provision refers to the grounds for not complying with the period despite the party’s general due care to conduct procedural acts, and in cases where the document of lawsuit is unable to be served by means of public notice due to a cause not attributable to him/her by ordinary means during the process of litigation, the document of lawsuit may be served by public notice from the date