(영문) 인천지방법원 2019.01.24 2018구합2531



1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.


1. Details of the disposition;

(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Entry into China: June 13, 2017 (Status C-3) - Application for recognition of refugee: Application on July 17, 2017

B. Defendant’s decision on the recognition of refugee status as of September 15, 2017 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that a person would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Da1568, Sept. 15, 201)

2. The Defendant filed a lawsuit in this case on October 29, 2018, which had been served on May 28, 2018 upon the Plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission on the ground that the instant lawsuit was filed after the lapse of the filing period, and accordingly, asserted that the instant lawsuit is unlawful. However, in a lawsuit seeking nullification of an administrative disposition, such as this case, the provision on the limitation of the filing period is not applicable (see, e.g., Supreme Court Decision 94Nu6475, Nov. 28, 195). Therefore, the Defendant’s prior defense on the merits is without merit.

3. Whether the disposition is invalidated.

A. The plaintiff's assertion is threatened with the arrest of the Chinese government on the ground that the plaintiff is a member of the Pakistan. Thus, there is sufficient possibility that the plaintiff will be stuffed in the event that the plaintiff returns to China, and this constitutes a reasonable fear.

Therefore, the instant disposition is unlawful and its defect is significant and apparent and null and void.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, resided in Korea before entering Korea.