beta
(영문) 서울행정법원 2018.11.16 2018구단70762

난민불인정결정취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant’s lawsuit on this case’s main defense is unlawful as a lawsuit filed after the lapse of the filing period.

2. 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 to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received such 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, comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 4 and 5 (including additional numbers), the plaintiff was subject to a decision of non-recognition of refugee status on July 26, 2017, and filed an objection, but the objection was dismissed on March 21, 2018, and received a notice of decision of rejection on April 10, 2018, and it is apparent that the lawsuit in this case was filed on September 11, 2018 at the expiration of 90 days thereafter, and thus, the lawsuit in this case is unlawful as it was filed with the lapse of the period for filing the lawsuit.

Therefore, the defendant's main defense is justified.

3. Thus, the lawsuit of this case is dismissed as unlawful.