난민불인정결정취소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. The Plaintiff, who is a national of the Democratic Republic of Congo, entered the Republic of Korea on May 19, 2018 as a foreigner holding a short-term visit (C-3) sojourn.
B. On June 28, 2018, the Plaintiff filed an application with the Defendant for recognition of refugee status (hereinafter “instant application”).
On June 21, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 23, 2019 (hereinafter “instant objection”). However, the Minister of Justice dismissed the instant objection on April 21, 2020.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The Defendant’s lawsuit of this case prior to the merits is unlawful as it was filed after the period for filing the lawsuit expired.
B. 1) 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 to deny refugee status may file an objection with the Minister of Justice within 30 days from the date he/she is notified of such decision, and in cases of raising an objection, he/she is unable to file an administrative appeal under the Administrative Appeals Act. Therefore, in cases of filing an objection under the Refugee Act, the period for filing an administrative appeal should be calculated by considering the same as the case where an administrative appeal under the proviso of Article 20(1) of the Administrative Litigation Act has been filed. Accordingly, a person who has filed an application for refugee status must file a revocation lawsuit within 90 days from the date he/she is notified of the decision to dismiss the relevant objection. According to the health class No. 4, the Plaintiff filed the objection of this case