난민불인정결정취소
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 September 21, 2017, the Plaintiff entered the Republic of Korea as a foreigner of ASEAN’s nationality with the status of stay for short-term visits (C-3) on a short-term basis.
B. On September 28, 2017, the Plaintiff applied for refugee status to the Defendant. However, on March 20, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on April 17, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019, and the Plaintiff directly received a notice of dismissal decision on the said objection on January 20, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant asserts that the lawsuit of this case is unlawful as it was filed after the lapse of the time limit for filing the lawsuit.
B. According to Article 20(1) and (3) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc., but the period when an administrative appeal is filed shall be calculated from the date when the original written judgment is served, and the period is a peremptory term.
Meanwhile, a person who has received a decision to recognize refugee status pursuant to Article 21(1) and (2) of the Refugee Act may file an objection with the Minister of Justice within 30 days from the date he/she is notified of the decision, and where he/she files an objection, he/she shall not file an administrative appeal under the Administrative Appeals Act, and where he/she files an objection under the Refugee Act, he/she shall calculate the period of filing an objection in the same manner as the case where he
Therefore, a person who applied for refugee status has given notice of dismissal decision on his/her objection.