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 August 18, 2015, the Plaintiff entered the Republic of Korea with a short-term general (C3-1) stay status on August 18, 2015, and applied for refugee status to the Defendant on November 12, 2015.
B. On December 15, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) 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 raised an objection to the Minister of Justice on January 4, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.
[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.
According 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 of receipt of the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision not to dismiss the objection. If the Plaintiff’s notice of the decision not to dismiss the objection of this case was received on July 24, 2017, and the Plaintiff’s notice of the decision not to dismiss the objection of this case was clearly made on January 12, 2018, since the lawsuit of this case is unlawful since the period not exceeding 90 days has expired.
3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.