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(영문) 서울고등법원 2017.12.05 2017누61814
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. In fact, the first instance court sentenced the first instance judgment on June 15, 2017. The original of the judgment was served on the Plaintiff on June 20, 2017. The fact that the Plaintiff filed an appeal following subsequent completion of the first instance judgment on July 14, 2017, when two weeks of appeal period, which is the peremptory period, from the service date of the judgment, has expired, is apparent in the record.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that an alien of the Republic of Korea, who is a national of the Republic of Korea, is unable to make a Korean language at all, and maintains his/her livelihood in an inferior environment. On July 14, 2017, the Plaintiff visited the Plaintiff’s legal representative’s office with permission from the company and identified the progress and significance of the instant case, and immediately filed an appeal.

In light of these circumstances, since the plaintiff could not observe the appeal period due to a cause not attributable to him, the subsequent completion of procedural acts should be recognized.

B. Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to a judgment administrative litigation, provides that “if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts being neglected within two weeks from the date such cause ceases to exist.” Here, the term “reasons not attributable to a party” refers to a cause for which the party could not comply with the period, even though he/she had paid general attention to conduct such procedural acts

(See Supreme Court Decision 97Da50152 Decided October 2, 1998, etc.). The Plaintiff, as a party to a lawsuit, is naturally obligated to verify the progress and result of the litigation procedures, and conduct litigation in accordance with the phase. Even if considering all the aforementioned circumstances cited by the Plaintiff, it can be deemed that there was “reasons for which the party cannot be held liable” under the provisions of the Civil Procedure Act, inasmuch as the Plaintiff failed to observe the appeal period.

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