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(영문) 대법원 2015.04.23 2015두35345
난민불인정처분취소
Text

The appeal shall be dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Ex officio, we examine the legitimacy of the instant appeal.

Subsequent completion of procedural acts as stipulated in Article 173(1) of the Civil Procedure Act, which is applied mutatis mutandis by Article 8 of the Administrative Litigation Act, may be done in cases where the parties are unable to comply with the peremptory term due to a cause not attributable to them, and "reasons not attributable to them" refers to cases where the parties concerned were unable to comply with the said period even though they had exercised due diligence to do the procedural acts.

Meanwhile, even if an attorney did not inform the parties of the fact even after being served with the original copy of the judgment, and the parties were aware of such fact after the period for filing an appeal expires, this does not constitute a case where the parties could not comply with the peremptory term due to any cause not attributable to them (see Supreme Court Decision 84Meu744, Jun. 14, 1984). According to the records, the original copy of the judgment was served on the Plaintiff’s legal representative on December 5, 2014, and the Plaintiff submitted the subsequent final appeal on December 29, 2014, for which two weeks elapsed thereafter.

Examining these facts in light of the legal principles as seen earlier, the mere fact that the Plaintiff’s attorney did not contact the Plaintiff with the principal who interpreted the Plaintiff’s horse, and did not deliver the original copy of the judgment to the Plaintiff cannot be deemed as a case where the Plaintiff could not comply with the period due to a cause not attributable to the Plaintiff.

As a result, the instant appeal was filed after the peremptory period, which is the peremptory period, and does not meet the requirements for subsequent completion, and its defect is not correct.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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