난민불인정처분취소
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 December 6, 2010, the Plaintiff entered the Republic of Bangladesh-si as an alien of his/her nationality and applied for refugee status to the Defendant on September 22, 2015, after entering the Republic of Korea as the status of sojourn for the manufacturing industry (E9-1).
B. On October 2, 2015, the Defendant rendered a decision not to grant refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff does not constitute a case of “a sufficiently-founded fear of 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.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 11, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on March 23, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. As to the Plaintiff’s petitioning for the revocation of the instant disposition regarding the instant defense, the Defendant asserted that the instant lawsuit was unlawful, which was filed after the lapse of the period for filing the lawsuit.
Pursuant to Article 20(1) of the Administrative Litigation Act, Article 20(1) of the Refugee Act, and Article 21(1) and (2) of the Refugee Act, 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 received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received the notification of the decision not to grant refugee status. If the Plaintiff’s notice of decision not to reject the objection of this case was received on April 4, 2016, and the Plaintiff’s notice of decision not to dismiss the objection of this case was clearly made on January 31, 2018, and thus, the lawsuit of this case is unlawful as it was filed after the expiration of the period not to file the lawsuit.
3. As such, the instant lawsuit is unlawful, and it is ordered to dismiss it.