난민불인정결정취소
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 11, 2012, the Plaintiff entered the Republic of Korea with the status of stay for general training (D-4) on December 11, 2012, and applied for refugee recognition to the Defendant on October 14, 2014.
B. On March 17, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol, and received the notice of decision on the said disposition on April 4, 2016.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on May 9, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6, 9, and the purport of the premise of pleading
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
In full view of Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, when a person selects the method of immediately filing a suit against a disposition of non-recognition of refugee status with knowledge of such disposition, he/she shall file a suit for revocation within 90 days from the date he/she becomes aware of such disposition, and when he/she selects the method of filing a suit, he/she shall file an objection within 30 days from the date he/she is notified of the non-recognition of refugee status,
Therefore, in a case where a revocation lawsuit is not filed without filing a claim for objection within 90 days from the date on which the disposition is known, the subsequent lawsuit for revocation is unlawful as the period for filing the lawsuit expires, and there is a decision on illegal objection filed within 30 days from the date on which the disposition is known, and the original decision is served within 90 days from the date on which