난민불인정결정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 20, 2017, the Plaintiff entered the Republic of Korea with the status of non-professional employment (B-9) sojourn on March 20, 2017, and applied for refugee status to the Defendant on January 11, 2018.
B. On January 12, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 22, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on April 10, 2019.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The Defendant’s main defense lawsuit in this case is unlawful as it was filed after the period for filing the lawsuit expires.
B. 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 of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and a person who has filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of decision
However, according to the statement in Eul evidence No. 3, the plaintiff can recognize the fact that the plaintiff received a notice of dismissal of the objection against the disposition of this case on April 12, 2019, and the fact that the plaintiff filed the lawsuit of this case on July 8, 2020 after the lapse of 90 days from the above receipt date is apparent in the record, and it is unlawful as the lawsuit of this case was filed after the lapse of the filing period.
The defendant's main defense is justified.
3. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.