Cases
2011. Revocation of rejection of an application for re-employment
Plaintiff
A
Defendant
Minister of Employment and Labor
Conclusion of Pleadings
August 25, 2011
Imposition of Judgment
September 8, 2011
Text
1. The instant lawsuit was concluded on July 7, 201 as deemed the withdrawal of the lawsuit. On July 2, 201, the litigation costs incurred after the completion of the lawsuit are borne by the Plaintiff.
Purport of claim
The defendant's refusal to accept an application for re-employment against the plaintiff shall be revoked.
Reasons
According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, in cases where both parties are absent or fail to present at the date for pleading two times or more, the lawsuit shall be deemed to have been withdrawn, if there is no application for designating a date within one month from the date for pleading of the second absence of the said parties, or if both parties fail to appear on the date determined by the application for designating a date or on the subsequent date,
With respect to the instant case, the Plaintiff filed the instant lawsuit, and notified that he/she would appear on the date of first pleading (as of May 3, 201, 15:30) and the date of second pleading (as of May 31, 201, 15:20) but did not appear on each of the above date of pleading, and the Defendant litigation performer did not appear on each of the said dates of pleading, but did not appear on each of the said dates of pleading. The Plaintiff filed an application for designation of the date on June 21, 201, within one month from the date of pleading of the second absence. Accordingly, the Plaintiff did not appear on the third day of pleading (as of July 7, 2011, 14:50) but did not appear on the said date of pleading. The Defendant litigation performer did not appear on the said date of pleading but did not appear on the said date of pleading.
Thus, the lawsuit of this case shall be deemed to have been withdrawn on July 7, 201, which is the third date for pleading, and shall be deemed to have been terminated. Therefore, it is so decided as per Disposition.
Judges
The assistant judge of the presiding judge;
Judges Calopics
Judges Kim Gin-hee