난민불인정처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 23, 2016, the Plaintiff filed an application for refugee status with the Defendant on November 18, 2016, after entering the Republic of Korea with the status of general visa (B2-1) sojourn on October 23, 2016.
B. On December 13, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 22, 2016, but rendered a decision dismissing the Plaintiff’s application on April 21, 2017. D.
On May 12, 2017, the Plaintiff directly received the notice of dismissal of the said objection.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings
2. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision not to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she is notified of the decision not to recognize refugee status; and a person who has filed an objection shall file a revocation suit within 90 days from the date he/she received a notice
According to the purport of the above facts and the entire pleadings, the Plaintiff filed the instant lawsuit on October 30, 2017 after receiving the notice of dismissal of the said written objection on May 12, 2017, even though it had received the notice of dismissal of the said written objection on May 12, 2017. As such, the instant lawsuit is unlawful since it was filed after the lapse of the filing period.
As to this, the Plaintiff asserts that the instant lawsuit was filed late after departure from Egypt on September 2017, since he/she had entered the Republic of Korea on October 14, 2017.
However, the date of receipt of the plaintiff's notice of rejection of the objection shall be May 12, 2017.