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(영문) 서울행정법원 2017.08.23 2017구단18804

난민불인정결정취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the time for filing the lawsuit of this case.

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 to deny 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 shall file a revocation lawsuit within 90 days from the date he/she received the notification of the decision to dismiss the objection. According to each of the evidence Nos. 3, 4 and 4, it is recognized that he/she received the notification of the decision to dismiss the objection against the non-recognition of refugee status stated in the purport of the claim by the Plaintiff on March 14, 2017, and it is apparent that the lawsuit of this case was filed on June 14, 2017 after the lapse of the period for filing the lawsuit. Thus, the lawsuit

[Plaintiff's assertion that the filing of a lawsuit was delayed with the documents issued by the Cheongju Immigration Office, but such ground does not constitute "reasons for which the parties cannot be held liable" under Article 173 (1) of the Civil Procedure Act which is applicable mutatis mutandis under Article 8 (2) of the Administrative Litigation Act, i.e., "reasons for which the parties to the lawsuit cannot be held liable" and "reasons for which the parties to the lawsuit could not comply with the period despite the parties' due care to conduct the litigation (see, e.g., Supreme Court Decision 97Da50152, Oct. 2, 1998). 2.