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 December 30, 2015, the Plaintiff, an alien of Egypt nationality, entered the Republic of Korea with the status of stay in the tourism conference (B-2) and applied for refugee status to the Defendant on January 8, 2016.
B. On February 15, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear of persecution” as stipulated in Article 1 of the Protocol relating to the Status of Refugees and the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 17, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, 5, and 6, 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, as it 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 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 receives the notification of the decision not to grant refugee status. A person who has filed an objection is entitled to file a revocation lawsuit within 90 days from the date he/she receives the notification of the decision not to grant refugee status, and if he/she has gathered the overall purport of pleadings in each of the statements in subparagraphs 4 through 6, it is recognized that the Plaintiff received a notice of the decision not to dismiss the objection against the instant disposition on August 4, 2017, and it is apparent that the Plaintiff filed the instant lawsuit on March 12, 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.