beta
(영문) 서울행정법원 2018.09.12 2018구단13844

난민불인정결정취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On August 31, 2007, the Plaintiff entered the Republic of Korea as a foreigner of KIKOStan nationality as a short-term visit (C-3) sojourn status.

B. On April 20, 2016, the Plaintiff filed an application with the Defendant for recognition of refugee status for whom approximately eight years and eight months have elapsed since the date of entry into the Republic of Korea.

C. On April 20, 2016, the Defendant rendered a decision on the recognition of refugee status on the ground that Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized as a “ sufficiently-founded fear of persecution” stipulated as the requirement of refugee status.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 12, 2016, but the Minister of Justice dismissed the objection on October 11, 2017.

(hereinafter referred to as “decision to dismiss an objection”). 【Reasons for recognition” is written as evidence of subparagraphs 1 through 5, and the purport of the whole pleadings.

2. Whether the period for filing a lawsuit expires;

(a) Entry in the attached Form of relevant statutes;

B. According to the relevant laws and regulations, a foreigner who has received the decision to deny refugee status may file an objection with the Minister of Justice within 30 days from the date of receipt of the notification, but where an objection is filed with the Minister of Justice, he/she may not file an administrative appeal under the Administrative Appeals Act, and where the objection is dismissed, he/she shall file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision to dismiss the objection, and

However, comprehensively taking account of the overall purport of the arguments in the statement Nos. 5 and 6, the Plaintiff may acknowledge the fact that the Plaintiff received a notice of decision to dismiss an objection on December 12, 2017, and the date for filing the instant lawsuit is obvious on July 9, 2018. The instant lawsuit was filed after the lapse of the period for filing the lawsuit.

On December 20, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission for the revocation of the decision to dismiss an objection, which is within 90 days from the date of receipt of the above notice.

참조조문