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(영문) 광주고등법원 2017.08.24 2017누3655
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. The reasons for the court's explanation concerning this case, such as the acceptance of the judgment of the court of first instance, are as follows: "(the defendant, as a foreigner of Vietnam, sent only the disposition of this case made in Korean and English without explaining the procedure for filing an administrative litigation to the plaintiff who does not understand the Korean and English language," which resulted in the plaintiff's filing of the lawsuit after the lapse of the period for filing the lawsuit. This constitutes a case where the plaintiff is unable to observe the period for filing the lawsuit due to a cause not attributable to the party, and thus, the lawsuit of this case is lawful. However, since the Administrative Litigation Act does not have any provision on the effect due to non-notification of the period for filing the lawsuit, it cannot be deemed that there is a reason that the plaintiff cannot be held responsible for neglecting the period for filing the administrative litigation (see, e.g., Supreme Court Decision 2007Du16875, Jun. 12, 2008). Thus, the communication issue of the plaintiff's assertion is merely an individual circumstance, and thus it cannot be deemed as a supplementary 201.

2. In conclusion, the decision of the first instance court is justified as the conclusion is consistent with this conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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