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 October 30, 2014, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on October 30, 2014, and applied for refugee status to the Defendant on November 24, 2014.
B. On May 28, 2015, 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 of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on January 29, 2016, but the Minister of Justice dismissed it on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit.
In full view of Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, when a person selects the method of immediately filing a suit against a disposition of non-recognition of refugee status with knowledge of such disposition, he/she shall file a suit for revocation within 90 days from the date he/she becomes aware of such disposition, and when he/she selects the method of filing a suit, he/she shall file an objection within 30 days from the date he/she is notified of the non-recognition of refugee status,
Therefore, in a case where a lawsuit for revocation is not filed without filing a claim for objection within 90 days from the date on which a disposition is known, the subsequent lawsuit for revocation is illegal after the lapse of the period for filing the lawsuit, and there is a decision on illegal objection filed within 30 days from the date on which the written decision is served, and then the lawsuit for cancellation against the original disposition is filed within 90 days from