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(영문) 서울행정법원 2018.01.29 2017구단33131

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 May 29, 2016, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) from May 29, 2016, and applied for refugee status to the Defendant on August 8, 2016.

B. On October 10, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear 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.

C. The Defendant dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 15, 2016, but the objection was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on May 4, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 4, and 5 (including additional numbers), the purport of the whole pleadings

2. The defendant, which judged that the lawsuit of this case is unlawful as it was filed after the lapse of the period for filing the lawsuit.

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 of non-recognition of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives such notification, and a person who has filed an objection shall file a lawsuit for cancellation within 90 days from the date he/she

The instant lawsuit is unlawful on the grounds that it is apparent that the Plaintiff was filed on November 3, 2017 after the lapse of 90 days from May 4, 2017, when the Plaintiff received a notice of decision on dismissal of an objection.

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