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(영문) 서울행정법원 2018.02.06 2017구단29552
난민불인정결정취소
Text

1. The instant lawsuit was concluded on December 15, 201 as the withdrawal of the lawsuit.

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

Reasons

According to Article 268(1), (2), and (3) of the Civil Procedure Act, which applies mutatis mutandis to administrative cases pursuant to Article 8(2) of the Administrative Litigation Act, both parties were not present or present at the date of pleading on two occasions.

Even if no pleading has been made, the lawsuit shall be deemed to have been withdrawn if the application for designation of the date has not been filed within one month.

According to the records of this case, even when the plaintiff was notified of the legitimate date for pleading on October 31, 2017, the first date for pleading opened on October 31, 2017, and the second date for pleading opened on November 14, 2017, and the plaintiff did not appear on the second date for pleading opened on November 14, 2017, and the plaintiff filed an application for designation of the date on January 5, 2018, which was after one month from the second date for pleading. After receipt of the notice of the legitimate date for pleading issued by this court, the plaintiff did not appear on the third date for pleading opened on January 23, 2018, and the defendant did not appear on the third date for pleading opened on January 14:30, 201. According to the above facts, the lawsuit of this case is deemed to have been withdrawn on December 15, 2017 after the second date for pleading, and thus, it does not affect the plaintiff's withdrawal after the second date for pleading.

If so, the instant lawsuit was concluded on December 15, 2017 due to the Plaintiff’s second absence, and thereafter, the Plaintiff filed an application for designation of a date to the effect that the Plaintiff would dispute the validity of the withdrawal of lawsuit on January 5, 2018, and thus, it is so decided as per Disposition.

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