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 July 13, 2011, the Plaintiff, a foreigner of the Republic of Korea, entered the Republic of Korea as a non-professional employment (E-9) sojourn status, and applied for refugee status to the Defendant on May 16, 2016.
B. On May 20, 2016, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear of persecution” 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 May 31, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 22, 2016.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, 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 of receipt of the notification, and the person who has filed an objection is entitled to file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision not to grant refugee status. If the Plaintiff collected the entire purport of pleading in the statement in subparagraph 4, it is recognized that the Plaintiff received the notification of the decision not to dismiss the objection against the instant disposition on January 23, 2017, and it is apparent that the Plaintiff filed the instant lawsuit on April 18, 2018 after the lapse of the period of filing the lawsuit. Thus, the instant lawsuit is unlawful.
3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.