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(영문) 서울행정법원 2018.07.18 2018구단10364

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 March 22, 2011, the Plaintiff, a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), entered the Republic of Korea as a non-professional employment (E-9) sojourn status, was granted permission for extension of the period of non-professional employment, and stayed, and filed an application for refugee status with the Defendant on December 31, 2015.

B. On April 15, 2016, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in 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.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on May 20, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 5 (including branch numbers), the purport of the whole pleadings

2. According to Article 20(1) and (3) of the Administrative Litigation Act as to the legitimacy of the instant lawsuit, and Article 21(1) and (2) of the Refugee Act, a person who has received the disposition of non-recognition of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives the notification. However, a person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she receives the notification of the decision of rejection of the objection, and the period of filing

However, at the date of pleading, the Plaintiff recognized the fact that he/she received a written notice of dismissal decision of the Minister of Justice on December 26, 2016 (No. 2 and No. 5 (the Plaintiff recognized the establishment of the petition).

) Each description of the instant lawsuit also conforms to this), and the record is clear from December 26, 2016 to May 18, 2018, 90 days after the filing date of the instant lawsuit from December 26, 2016. The instant lawsuit is unlawful as it was filed subsequent to the filing period.

3. Conclusion, the instant lawsuit is unlawful.