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(영문) 서울행정법원 2021.01.28 2020구단11346
난민불인정결정취소
Text

On November 15, 2020, the instant lawsuit was mainly concluded on November 15, 202.

The costs of lawsuit after the filing of a fixed date shall be the same.

Reasons

1. Facts below the facts of recognition are significant or obvious in records in this court:

A. As to the instant lawsuit, the instant court determined the date of the first pleading as “the date of August 27, 2020,” and notified the Plaintiff of the date of the said pleading. On August 7, 2020, the notice of the date of the said pleading was served on the Plaintiff.

However, this Court changed the date of the pleading to “FO 15:20 on September 17, 2020,” ex officio due to the spread of Croro or -19 infectious diseases, and sent the Plaintiff a written notice of change to “FO 15:20 on September 17, 2020, but was not sent due to the absence of a closed text, and on September 4, 2020, sent the notice of change to the Plaintiff by registered mail, and on September 7, 2020, the notice of change was deemed to have been served.

On September 17, 2020, the Plaintiff did not appear on the date of the first pleading, and the Defendant litigant did not appear on the said date of pleading, but did not present on the said date of pleading.

B. On October 15, 2020, the instant court determined the date of the second pleading as “15:50 on October 15, 2020,” and notified the Plaintiff of the date of the said pleading. On September 23, 2020, the notice of the date of the said pleading was served on the Plaintiff.

However, on October 15, 2020, the Plaintiff did not appear on the date of the second pleading, and the Defendant litigant did not appear on the said date of pleading, but did not present on the said date of pleading.

(c)

On November 19, 2020, after one month from the date of the second pleading, the Plaintiff submitted an application for designation of the date to this court.

2. According to Article 268, Paragraph 1, and Paragraph 2, Article 268 of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8, Paragraph 2, of the Administrative Litigation Act, where both parties are not present at the hearing date or present at the hearing date on two occasions, if both parties fail to present at the hearing date or present at the hearing, the application for designation shall be filed within one month, and if no application for designation is filed within one month, the lawsuit shall be withdrawn.

Therefore, the lawsuit of this case was concluded on November 15, 2020 after one month from the date of the second pleading.

On the other hand, such a withdrawal of action is considered as above.

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