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(영문) 광주지방법원 2017.12.21 2017구단2052

난민불인정처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On September 1, 2010, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a non-professional employment status on September 1, 2010, and applied for refugee recognition to the Defendant on June 30, 2015.

B. On July 13, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on August 9, 2016. However, on February 24, 2017, the objection was dismissed, and the notice of the decision to dismiss the objection was served on March 10, 2017.

Meanwhile, the Plaintiff, who was dissatisfied with the instant disposition, filed a lawsuit seeking the revocation of the instant disposition by this Court 2017Gudan926 on May 15, 2017, but was absent on two occasions on October 17, 2017 and concluded.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1, 2, and 3, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the defendant's assertion that the plaintiff sought revocation of the disposition of this case, the defendant asserts that the lawsuit of this case is unlawful as a lawsuit brought after the lapse of the period for filing the lawsuit.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(1) Article 20(1) of the Administrative Litigation Act provides that the Plaintiff shall file an objection that constitutes an administrative appeal due to an objection to the instant disposition and then receive a notice of decision on dismissal of the objection on March 10, 2017, as seen earlier. It is apparent that the instant lawsuit was filed on October 23, 2017 after the lapse of 90 days from the said lawsuit.

Therefore, this is applicable.