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(영문) 부산고등법원 2016.11.30 2016누22759
난민불인정결정취소
Text

1. The plaintiff's appeal shall be 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. We examine the legitimacy of the subsequent appeal of this case ex officio as to the legitimacy of the subsequent appeal of this case.

(a) The following facts are apparent in the record of recognition:

1) On February 29, 2016, the Plaintiff filed a lawsuit seeking revocation of the decision of non-recognition of refugee status with Busan District Court 2016Guhap682, the court of first instance (2) dismissed the Plaintiff’s application for legal aid on April 8, 2016, and issued an order of correction ordering the Plaintiff to pay recognition fees, service fees, and interpretation fees, and the Plaintiff corrected and paid recognition fees in response to the above order of correction.

3) After that, the court of first instance served a notice on the Plaintiff on the Defendant’s written reply and the date for pleading (on June 30, 2016), and the Plaintiff was present at the date for pleading on June 30, 2016 after receiving the said notice, etc., and testified with the help of an interpreter. The court of first instance concluded the pleading on the said date for pleading, and designated July 7, 2016 as the sentencing date. 4) The court of first instance sentenced the Plaintiff’s rejection of the Plaintiff’s claim on July 7, 2016. The original judgment of the first instance was served on the Plaintiff on July 11, 2016, and the Plaintiff submitted the instant written appeal for subsequent completion to the said court only on August 8, 2016 for the period of appeal.

B. The plaintiff asserted that the plaintiff, who filed a refugee application, had different knowledge as to whether to file an appeal within 14 days after receiving the authentic copy of the judgment against Korean language and trial procedures, and that the plaintiff's objection should be made within 30 days since he/she had asked his/her natives who would be able to file an appeal with the court's decision and asked his/her natives who would be able to file an objection within 14 days after receiving the authentic copy of the judgment. Thus, the plaintiff's appeal for the subsequent completion of the appeal in this case is legitimate due to special circumstances where the plaintiff could not comply with the period of appeal.

C. The parties shall subsequently complete the procedural acts stipulated in Article 173(1) of the Civil Procedure Act, which is applicable mutatis mutandis by Article 8(2) of the Administrative Litigation Act.

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