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(영문) 서울고등법원 2017.04.06 2017누34768
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of the court's explanation of this case is as stated in the part of the judgment of the court of first instance except for adding the following Paragraph 2. Thus, it shall be accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

In addition, the following shall be added to the second sixth decision of the first instance court:

Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation, provides that if a party is unable to comply with the peremptory period due to a cause not attributable to him/her, the plaintiff, who is a foreigner who maintains his/her livelihood with labor in the inferior working environment and is able to know the Korean language, shall not be able to obtain a subsequent completion of procedural acts. However, if the party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist. Here, the reason why the party cannot be held liable refers to the reason why the party cannot comply with the period even though he/she had exercised the general duty to do the procedural acts (see, e.g., Supreme Court Decisions 86Da2224, Mar. 10, 1987; 97Da50152, Oct. 2, 198).

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