난민불인정결정취소
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed by this court.
1. The grounds for appeal by the plaintiff against the main claim of the plaintiff are not significantly different from the allegations in the first instance court, and the facts established and determined in the first instance court are justified even if the evidence submitted in the first instance court is added to the additional evidence submitted in this court.
Therefore, this court's judgment on the plaintiff's primary claim is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's conjunctive claim
A. The summary of the parties' assertion 1) The plaintiff foreigner has the right to file a request for humanitarian stay permission with the Government of the Republic of Korea, and the purport of the application for refugee status is also included in the purport of seeking humanitarian stay permission. Since the defendant did not separately decide on the humanitarian stay permission while rendering the instant disposition, the above disposition is deemed to include the decision on the refusal of humanitarian stay permission. The defendant's decision on the refusal of humanitarian stay should be revoked as it is likely to punish the plaintiff as an adviser, etc., and the defendant's decision on the refusal of humanitarian stay should be revoked as it is unlawful. 2) Since the defendant's foreigner's right under the laws and regulations or the sound reasoning to apply for humanitarian stay permission is not recognized, the instant disposition does not constitute an administrative disposition that is subject to appeal litigation.
In addition, since the defendant made a decision on the refusal of refugee status against the plaintiff and did not take a disposition on the refusal of humanitarian stay, the plaintiff's preliminary claim is also a claim for the disposition that does not exist.
Therefore, the conjunctive claim part of the instant lawsuit is deemed to be unlawful in any way.
B. An administrative disposition that an administrative agency refuses to engage in an action resulting from the filing of an application with respect to the affirmative filing of a single-related law citizen is subject to appeal litigation.