난민불인정처분취소
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. Judgment on the defendant's main defense of safety
A. The Defendant’s appeal for the subsequent completion of the Plaintiff’s main defense is unlawful as it was filed after the lapse of the appeal period, even though there is no reason not to assume responsibility.
B. The following facts are acknowledged according to the records of this case.
1) Upon filing the instant lawsuit on December 11, 2018, the Plaintiff entered both the Plaintiff’s domicile and place of service in Ansan-si, Seoul-si. On February 28, 2019, the Plaintiff was served with the first instance court’s order of correction on the first instance court’s date of pleading, but thereafter, the notice of first instance on the date of pleading was served on April 1, 2019, and was served on April 9, 2019 because all of the documents were not closed due to the absence of closure. The first instance court concluded the pleadings on the first date of pleading, and sentenced the first instance court on April 25, 2019 to the Plaintiff on April 24, 2019.
Accordingly, the first instance court served the original judgment on May 27, 2019 and served the original judgment by public notice on June 11, 2019.
3. On July 3, 2019, the Plaintiff submitted the instant written appeal for the subsequent completion.
C. 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 relevant period despite the party’s general due care to conduct procedural acts. In cases where a document of lawsuit is served by public notice because it is impossible for him/her to perform procedural acts by means of ordinary means during the process of litigation, a document of lawsuit may not be served by public notice from the date when the first written complaint was served to the party by public notice.