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(영문) 서울행정법원 2016.06.09 2015구단62562
장해등급결정처분취소
Text

1. The instant lawsuit was concluded on April 21, 2016 as deemed the withdrawal of the lawsuit.

2. The costs of the lawsuit after the request for setting the date.

Reasons

Both parties did not appear or appeared on the date of pleading.

In accordance with the fact that no pleading has been made, the presiding judge re-designated the date for pleading to both parties, and the parties did not appear or appeared on the new date for pleading or the date for pleading thereafter.

Even if no pleading has been made, the lawsuit shall be deemed to have been withdrawn if the application for designation of the date was not filed within one month, and both parties are not present or were present at the date of pleading specified in the application for designation of the date or thereafter.

Even if a lawsuit is not presented, it shall be deemed to have been withdrawn even if the lawsuit was not presented (Article 8(2) of the Administrative Litigation Act and Article 268(1), (2), and (3) of the Civil Procedure Act). Both parties were not present or present at the date

Even if the court has designated a new date for pleading ex officio due to the lack of pleading, it shall be deemed to be the same as the case where the date is designated by the party's request for designation of date, and as such, both parties are not present or present at the designated date or later.

Even if no pleading is made, the withdrawal of the lawsuit shall be deemed to have been made.

(See Supreme Court Decision 2001Da60491 Decided July 26, 2002, etc.). The Plaintiff and his/her attorney did not appear on the date of first pleading on March 10, 2016 and the date of second pleading on March 15, 2016, and the Defendant’s litigation performer did not present at all on the said date of pleading, but did not present at all on the said date of pleading, and this Court continued to file a lawsuit on April 21, 2016 when this Court designates the date of third pleading, and the Plaintiff and his/her attorney did not appear at all on the date of fourth pleading on April 21, 2016, and the fact that the Defendant’s litigation performer did not present but present on the date of fourth pleading on the record is apparent that the instant lawsuit was withdrawn on April 21, 2016.

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