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(영문) 서울고등법원 2017.07.12 2017누41469
난민불인정결정취소
Text

1. The plaintiff's appeal is 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

The subsequent completion of the procedural acts stipulated in Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation on the legitimacy of subsequent appeal, can only be done when the parties could not comply with the peremptory period due to any cause not attributable to them, and the "reasons not attributable to the parties" here refers to cases where the parties could not comply with the period even though they had due care to do the procedural acts even though they had to do so.

(2) According to the records and arguments of this case, the court of first instance confirmed the Plaintiff on September 15, 2005. According to the overall purport of the records and arguments of this case, the Plaintiff was absent on February 6, 2017, and the Plaintiff was not present on February 17, 2017, and the Plaintiff was not present on February 19, 2017, and the Plaintiff was not present on February 201, 207, and was not present on February 6, 2017, and the court of first instance found that the Plaintiff was not present on February 6, 2017, and the Plaintiff was not present on February 6, 2017 and notified on February 6, 2017, and tried to deliver the notice to the Plaintiff on February 29, 2017, and on February 17, 2017, the court of first instance determined on March 27, 2017, 2017.

Article 189 of the Civil Procedure Act provides that a service by registered mail shall be deemed to have been served at the time of dispatch.

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