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(영문) 서울행정법원 2019.12.04 2019재구단85
난민불인정결정취소
Text

1. The instant lawsuit was concluded on October 16, 2019 as deemed withdrawal of the lawsuit.

2. The costs of the lawsuit after the request for setting the date.

Reasons

1. According to Article 268(1) of the Civil Procedure Act, which applies mutatis mutandis pursuant to Article 8(2) of the Administrative Litigation Act, where both parties are not present or present on the date of pleading on two occasions, if both parties fail to present or present on the date of pleading, the date shall be set upon an application by the parties. However, if the court designates a new date ex officio, the date shall be set upon application by the parties’ request for designation of date. As such, both parties are not present or present on the designated date of ex officio or on

Even if no pleading is made, the withdrawal of the lawsuit shall be deemed to have been made.

(2) On July 2, 1994, the Plaintiff sent a notice of the date for pleading on August 6, 2019 to the Plaintiff (hereinafter “Plaintiff”) on July 26, 2002 (see, e.g., Supreme Court Decisions 93Da56442, Jul. 26, 2002; 2001Da60491, Jul. 26, 2002). In full view of the facts and the purport of the entire pleadings in this court, the court: (a) sent the notice of the date for pleading on July 26, 2019 to the address of the Plaintiff (hereinafter “Plaintiff”) on August 26, 201; (b) sent the said notice to the Plaintiff on August 19, 201; (c) did not appear on the date for pleading on August 21, 2019; and (d) did not send the said notice to the Plaintiff on August 21, 2019.

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