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(영문) 서울고등법원 2020.10.15 2020누45607

난민불인정처분취소

Text

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.

Reasons

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) In filing the instant lawsuit on January 7, 2020, the Plaintiff entered both the Plaintiff’s domicile and service place in Kimpo-si, Kimpo-si, Kimpo-si. On the first day for pleading of the Plaintiff two times against the Plaintiff, both notice on March 13, 2020 were served on the Plaintiff on March 24, 2020 because all of the first day for pleading was not served as a closed door. The first instance court concluded the pleading on the first day for pleading and sentenced on April 28, 2020. (2) The first instance court sent the original copy to the Plaintiff on April 28, 2020, but did not serve again due to the absence of a closed door, etc.

Accordingly, the first instance court served an authentic copy of the judgment on May 13, 2020 and served an authentic copy of the judgment on May 30, 2020 and came into force on May 30, 2020.

3. On June 23, 2020, 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 on which 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 duty to perform procedural acts. In cases where a document of lawsuit is unable to be served by means of service by public notice because it is ordinarily impossible for him/her to perform procedural acts, and where the document of lawsuit is served by public notice during the process of litigation, the case where the document of lawsuit is served by public notice from the first delivery of a written complaint to the lawsuit by public notice