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(영문) 서울행정법원 2017.02.14 2016구단17613
난민불인정결정취소
Text

1. The instant lawsuit was concluded on September 23, 2016 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the completion of the lawsuit.

Reasons

1. The following facts in fact of recognition are clear in the records or significant to this court:

The Plaintiff was absent even after being notified of legitimate date on the date of the first pleading ( August 26, 2016) and the second pleading ( September 14:20, 2016). While the Defendant’s litigation performer was present, the Plaintiff did not present at the meeting.

B. The Plaintiff was absent from being served with a notice of legitimate date for pleading even after the third date for pleading ( September 23, 2016). The Defendant litigation performer was present, but did not present any pleading.

C. On November 30, 2016, the Plaintiff applied for the designation of the date.

2. Determination

A. According to Article 8(2) of the Administrative Litigation Act and Article 268 of the Civil Procedure Act, both parties failed to attend or attended two times on the date of pleading.

Even after a pleading has not been made, if the lawsuit is not present on the date of pleading thereafter, or has not been presented, it shall be deemed to have been withdrawn.

B. According to the above facts, the Plaintiff was absent on the first and second dates for pleading even after being notified of the lawful date, and the Defendant’s litigation performer was present on each of the above dates for pleading, but did not present, and thereafter, the Plaintiff was absent on the third date for pleading, and the Defendant’s litigation performer did not present, and thus, the instant lawsuit was withdrawn on September 23, 2016 and terminated.

3. In conclusion, the instant lawsuit is deemed to have been withdrawn on September 23, 2016, and thus, it is so decided as per Disposition by the declaration of termination of the lawsuit.

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