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The litigation of this case shall be dismissed.
The litigation costs for retrial shall be borne by the plaintiff (the plaintiff in retrial).
Reasons
Basic Facts
On August 31, 2018, the Plaintiff filed a lawsuit against the Defendants on the Seoul Administrative Court (2018Guhap 76859) seeking “the revocation of employment insurance premium of 65,480 won and industrial accident insurance premium of 45,610 won imposed on the Plaintiff on September 2016.”
On April 9, 2020, the plaintiff was served with the notice of the date of pleading, but did not appear on the date of the first pleading, and the defendant Labor Welfare Corporation B was present at the court but did not present, and the defendant's employment was absent by the Minister of Labor.
On April 28, 2020, the plaintiff was served with the notice of the date of pleading, but did not appear on the date of the second pleading. The defendant Labor Welfare Corporation B was present at the court but did not present, and the defendant's employment was absent.
The plaintiff's lawsuit was terminated on May 29, 2020 by deeming that the plaintiff's lawsuit was withdrawn on May 29, 202 in accordance with Article 268 (2) of the Civil Procedure Act because it did not apply for designation within one month from the date.
[Grounds for recognition] According to the basic facts before this court’s determination of substantial facts, the Seoul Administrative Court case No. 2018Guhap 76859 decided on May 29, 202, where the Plaintiff seeks a retrial, is deemed to have been withdrawn, and thus there is no judgment subject to a retrial.
Therefore, the litigation of this case is an incidental law.
In conclusion, since the lawsuit of this case is unlawful and cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices who reviewed the lawsuit of this case without pleading pursuant to Article 8(2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act.