난민불인정결정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On June 11, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on short-term visit on June 11, 2016, and applied for refugee recognition to the Defendant on June 20, 2016.
On July 11, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 22, 2016, but the said objection was dismissed on February 24, 2017.
【The Defendant’s defense of judgment as to the facts without any dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 and 2, and the defense prior to the purport of the whole pleadings, against the Plaintiff’s revocation of the disposition of this case, the Defendant asserted that the lawsuit of this case was unlawful after the lapse of the period for filing the lawsuit.
Judgment
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 recognize refugee status shall file a suit for cancellation with the Minister of Justice within 30 days from the date he/she is notified of the decision to recognize refugee status, or file a suit for cancellation within 90 days from the date he/she is notified of the decision to recognize refugee status. According to the statement in subparagraph 4-1 of the evidence No. 4-1, it is recognized that the Plaintiff received the instant disposition in this case on July 20, 2016, and it is apparent in the record that the Plaintiff raised an objection against the Minister of Justice on August 22, 2016 after the lapse of 30 days from the date the period for filing the suit in this case was expired and illegal.2) As such, the Plaintiff asserts that the Plaintiff failed to observe the period for filing the
Therefore, the plaintiff was given refugee interviews in English, and the plaintiff was given refugee interviews.