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(영문) 서울고등법원 2017.07.19 2017누38975
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. As to this case, this court's explanation is the same as the reasoning of the judgment of the court of first instance, except for the addition of the following parts between the second and nine acts, and thus, it shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act, and the main text of Article 420 of the Civil Procedure Act.

2. The added portion asserts that “the plaintiff added the period of filing the suit was set because it was impossible for the plaintiff to properly grasp the procedures for objection against the decision to dismiss the objection in a situation where the plaintiff is not well in the Korean language as a part of Ghana using Twik language as a daily fishing, and therefore, the plaintiff could not be held responsible for the plaintiff's failure to observe the period of filing the suit. However, even in a revocation suit under the Administrative Litigation Act, if the parties cannot be held responsible for failing to comply with the peremptory period, the plaintiff may subsequently complete the suit neglected within two weeks after the cause ceases to exist, but in this context, the party's interest in the language issue and the procedure of objection alleged by the plaintiff refers to the reason that the party could not comply with the period even though the party had exercised the duty of care to conduct the suit, and thus, the understanding of the issue of the language issue and the procedure of objection cannot be viewed as a legal reason that the plaintiff cannot be held liable for the plaintiff, who voluntarily applied for refugee and raised the objection.

3. The decision of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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