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 September 28, 2016, the Plaintiff, a Chinese national, applied for refugee status to the Defendant.
B. On November 29, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Ground of recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings
2. Determination on this safety defense
A. The Defendant’s lawsuit on this case’s main defense is unlawful as a lawsuit filed after the lapse of the filing period.
B. Determination 1) 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 deny 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 to dismiss the objection. 2) However, according to each of the evidence No. 1 and No. 4, it is recognized that the Plaintiff received a notice of decision to deny refugee status on December 23, 2016, and that the Plaintiff filed the instant lawsuit on June 28, 2017 after the lapse of 90 days thereafter, the instant lawsuit is unlawful as it has been filed with the lapse of the period for filing the lawsuit.
3. On this ground, the plaintiff asserts to the effect that it is impossible to file a lawsuit after the lapse of the period of filing a lawsuit because he/she was unaware of the period of filing a lawsuit because he/she was unable to understand the Korean language and English properly, and thus, he/she could not comply with the period of filing a lawsuit due to a cause not attributable to the parties.
However, the ground for the plaintiff's assertion is merely an individual circumstance of the plaintiff, and thus, the plaintiff should pay attention to it.