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(영문) 서울고등법원 2020.01.17 2019누50498

난민불인정결정취소

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. Whether a subsequent appeal is lawful;

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

1) Upon filing the instant lawsuit on December 17, 2018, the Plaintiff entered the Plaintiff’s domicile and the place of delivery into Gwangju City C in the same manner as the Plaintiff’s domicile. 2) On February 13, 2019, the court of first instance sent the first written notice of the date of pleading to the above address on February 13, 2019, but sent the notice to the said address as the Plaintiff was not served due to the absence of closure. The Plaintiff appeared on March 15, 2019, which was the first date of pleading, but did not select an interpreter, and was presumed

On March 21, 2019, the court of first instance sent a notice of the second date for pleading to the address above, but was not served due to the unknown address. However, the plaintiff appeared on April 19, 2019, which is the second date for pleading.

3) On April 29, 2019, the court of first instance concluded the pleading on the second date for pleading, and notified the date of sentencing to April 26, 2019, and sentenced the judgment in the absence of the Plaintiff on the date of declaration notified. 4) On April 29, 2019, the court of first instance sent the authentic copy of the written judgment to the Plaintiff’s domicile as indicated in the written complaint, but did not serve it on the part of

5) On May 8, 2019, the court of first instance served by public notice the authentic copy of the written judgment and served on May 23, 2019, and served on May 23, 2019. (6) The Plaintiff submitted a written appeal for subsequent completion on July 2, 2019.

B. As long as the original copy of the related legal principles was served by service by public notice by order of the presiding judge, even if the requirements are not satisfied, such service becomes effective by law, and the above judgment becomes final and conclusive formally with the intention of the appeal period.

The legitimacy of the appeal for the subsequent completion of the above judgment should be determined separately by whether the appeal period is due to a cause not attributable to the appellant.

(see, e.g., Supreme Court Decision 2001Da30339, Jul. 27, 2001). According to Article 173(1) of the Civil Procedure Act as applied mutatis mutandis by Article 8 of the Administrative Litigation Act, a party is a party.