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(영문) 서울행정법원 2014.02.20 2013구합23751

난민불인정처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, who is a national of the Islamic Republic of Pakistan, entered the Republic of Korea on September 21, 2004, and applied for refugee status to the Defendant on January 4, 201.

B. On January 18, 2012, the Defendant rendered a disposition against the Plaintiff to deny the recognition of refugee status on the ground that the Plaintiff does not constitute a person who has “a well-founded fear of persecution” as a requirement for refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 5, 2012, and the Minister of Justice rendered a decision to dismiss the Plaintiff’s objection on October 4, 2012. D.

On November 22, 2012, the Plaintiff received a decision notice from the Minister of Justice on the foregoing objection, and filed a lawsuit seeking revocation of the instant disposition with the court on September 23, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The defendant asserts that the lawsuit of this case was unlawful since the plaintiff raised an objection against the disposition of this case and received a written notice of decision thereon within 90 days since the plaintiff filed the lawsuit of this case after the lapse of the period for filing the lawsuit of this case.

B. Article 20(1) and (3) of the Administrative Litigation Act provides that a revocation suit that contests the disposition, etc. of an administrative agency shall be filed within 90 days from the date when the administrative agency became aware of the existence of the relevant disposition, etc., and the period of filing a suit shall be calculated from the date when the original written ruling is served, and the period of filing a suit shall

However, according to the above facts, the Plaintiff received a notice of decision on November 22, 2012 after raising an objection against the instant disposition. However, the Plaintiff passed 90 days thereafter.