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 November 3, 2010, the Plaintiff entered the Republic of Korea with the status of stay in the manufacturing industry (E9-1) on November 3, 2010, and applied for refugee status to the Defendant on June 15, 2016.
B. On June 29, 2016, the Defendant rendered a decision not to grant refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where “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 July 1, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 22, 2016.
[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.
Pursuant 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 he/she received the notification. A person who filed an objection is entitled to file a revocation lawsuit within 90 days from the date he/she received the notification of the decision not to grant refugee status. According to the purport of the whole pleadings in the evidence Nos. 1, 2, and 4, it is recognized that the Plaintiff received the notification of the decision not to grant refugee status as to the instant disposition on December 23, 2016, and it is apparent in the record that the Plaintiff filed the instant lawsuit on January 3, 2018 after the lapse of the time limit for filing the lawsuit.
3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.