1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The first instance court.

Facts of recognition

The court of the first instance sentenced the judgment on March 17, 2017, and served the original copy of the judgment of the first instance to the Plaintiff’s attorney of the first instance court on the same day; the original copy of the judgment of the first instance is deemed to have been served on the Plaintiff’s attorney of the first instance court on March 25, 2017 in accordance with Article 11 of the Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc.; the Plaintiff’s attorney of the first instance court is deemed to have filed an appeal for subsequent completion with respect to the judgment of the first instance court on May 8, 2017, which is the peremptory period from the date on which the service is deemed to have been served, after two weeks elapse from the date on which the service is deemed to have been served.

Plaintiff’s assertion

In addition, the plaintiff's assertion on this issue was that the plaintiff was unable to comply with the necessary period of time due to the fact that there was no time and the cost of the lawsuit could not be prepared, since the plaintiff had worked to maintain his/her livelihood due to the language barriers and the poor wife.

As such, since the plaintiff could not observe the appeal period due to a cause not attributable to him, the subsequent completion of procedural acts should be recognized.

Judgment

Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation, provides that “if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” refers to the reasons for which the party was unable to comply with the period, even though he/she had paid general attention

(see, e.g., Supreme Court Decision 97Da50152, Oct. 2, 1998). The Plaintiff, a party to a lawsuit, is obligated to confirm the progress and result of the litigation procedure as a matter of course and conduct litigation in compliance with the relevant phase. Even if considering all the aforementioned circumstances cited by the Plaintiff, the period of appeal shall be observed by the Plaintiff.