logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.24 2018재누211
난민불인정결정취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

The Plaintiff (hereinafter “Plaintiff”) filed a claim against the Defendant (hereinafter “Defendant”) for the revocation of the refugee non-recognition disposition against the Plaintiff on December 19, 2016, as Seoul Administrative Court Decision 2017Gudan28283, the Seoul Administrative Court rendered a judgment dismissing the Plaintiff’s claim on October 30, 2017.

B. The Plaintiff appealed to Seoul High Court Decision 2017Nu83319 (hereinafter “Case subject to Review”), but the Seoul High Court rendered a decision subject to review, on February 27, 2018, to dismiss the Plaintiff’s appeal.

C. On May 2, 2018, the Plaintiff appealed, but the Plaintiff did not submit the grounds of appeal, and the judgment dismissing the Supreme Court rendered a final judgment (Supreme Court Decision 2018Du38994) became final and conclusive.

2. The plaintiff, as to the legitimacy of the litigation in this case, may face difficulties, such as gambling, at the head of the retrial office, if he returns to his own country. However, the decision subject to a retrial is merely a ground for retrial under Article 451(1) of the Civil Procedure Act, which states that the decision subject to a retrial has dismissed the plaintiff's claim due to misconception of facts due to a violation of the rules of evidence and an

In addition, the Plaintiff stated to the effect that it does not constitute grounds for retrial under Article 451(1) of the Civil Procedure Act on the first day for pleading of the instant case.

Unless the plaintiff asserts as legitimate ground for retrial, the lawsuit of this case is unlawful.

(A) As the Plaintiff had already asserted in a case subject to retrial and determined it in the judgment subject to retrial, there is no room to view that there exists any grounds for a retrial for omission of judgment under Article 451(1)9 of the Civil Procedure Act.

arrow