난민불인정결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The reasons for this court’s acceptance of the judgment of the first instance are as follows, except for the addition of the following “2. Additional Judgment” with respect to the assertion that the Plaintiff emphasizes or adds to this court, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
The main point of the plaintiff's argument for additional determination is that the plaintiff was from Egyria's Egyptian nationality and was not able to understand the legal meaning of the period of filing the objection and the period of filing the revocation suit because he was not able to understand the Korean language.
The plaintiff did not file a lawsuit because the Minister of Justice did not guide the lapse of the time limit for filing an objection and did not know the lapse of the time limit for filing an objection on December 22, 2016.
If the Minister of Justice informed of the lapse of the filing period or dismissed the objection, the plaintiff could file a revocation suit.
These circumstances can be seen as 'the case where an administrative agency informs that it is possible to file an administrative appeal'. Thus, the starting point of the filing period of this case shall be February 1, 2017 when the plaintiff was notified of the decision to dismiss the objection, and it is against the principle of trust and good faith and the principle of trust protection when the defendant makes a defense before the retirement on the ground of the expiration of the filing period.
Judgment
According to Articles 18(1) and 21(1) and (2) of the Refugee Act, where the Minister of Justice makes a decision not to recognize refugee status, he/she shall deliver to the refugee applicant a notice of decision not to recognize refugee status indicating the relevant grounds and the purport that he/she may file an objection within 30 days, and a person who has received a decision not to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she is notified of the decision not to recognize
Therefore, an objection is raised.