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. The Plaintiff entered the Republic of Korea with a short-term visit (C-3) on July 9, 2016, and applied for refugee status to the Defendant on July 27, 2016.
B. On August 29, 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 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 November 9, 2016.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on January 24, 2017, but the Minister of Justice dismissed the objection on June 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, and the purport of the premise of pleading
2. Determination as to the legitimacy of the instant lawsuit
A. 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 the 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 disposition of 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 became known, the subsequent lawsuit was filed for the lapse of the period for filing the lawsuit, which is illegal, and the subsequent lawsuit filed a revocation lawsuit against the original disposition within 90 days from the date on which the written decision is served.