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(영문) 서울고등법원 2019.07.05 2019누36416
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

(1) The reasoning for the judgment by this court shall be as follows, citing the judgment of the first instance in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

D. The plaintiff asserts that the plaintiff could not observe the filing period due to any cause not attributable to the plaintiff, as he or she was unable to find out information about Korean litigation procedures, even though his or her mother language is English and thus his or her English language is not sufficient, and there was a limit to finding out information about Korean litigation procedures under the knowledge of Korean language.

The subsequent completion of procedural acts provided for in Article 173 (1) of the Civil Procedure Act, which is applied mutatis mutandis by Article 8 (2) of the Administrative Litigation Act, can not be complied with due to any cause not attributable to the party. Here, the term "reasons not attributable to the party" refers to cases where the party concerned could not comply with the period even though he/she had paid general attention to conduct such procedural acts even though he/she had paid due care to do so.

(See Supreme Court Decision 2017Da53623 Decided April 12, 2018 (see, e.g., Supreme Court Decision 2017Da53623, Apr. 12, 2018). Comprehensively considering the overall purport of the pleadings in the evidence Nos. 2, Nos. 2, 3, and 4, the Plaintiff stated that he/she would be able to do so in the English and Spanish language at the time of the refugee interview on September 6, 2017, and that he/she consented to an interview in the English language, and that the notice of the decision to dismiss an objection issued by the Minister of Justice on July 6, 2018, stating that “if an objection is raised, he/she may file an administrative suit with the court within 90 days from the date of receipt of the notice of objection, the Plaintiff signed the acceptance certificate with the content that he/she

If so, the plaintiff could have confirmed the period of filing a lawsuit by notification of dismissal of the objection filed on July 6, 2018 by the Minister of Justice.

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