난민불인정처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the judgment of the court of first instance citing the Plaintiff’s argument is as stated in the part of the judgment of the court of first instance, except for adding the following judgments to the Plaintiff’s argument of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act
2. Additional matters to be determined;
A. The Plaintiff’s assertion was unaware of the fact that the Plaintiff did not know the fact that the Plaintiff had to file an administrative suit within 90 days from the date of receipt of a notice of decision to dismiss an objection due to the Plaintiff’s lack of knowledge in the Korean language, which constitutes a case where the Plaintiff failed to observe the period of filing
B. Determination 1) Article 20(1) and (3) of the Administrative Litigation Act provides, “A revocation suit shall be instituted within 90 days from the date the party becomes aware of the disposition, etc.” (see, e.g., Supreme Court Decision 2004Du9951, Jan. 13, 2005). In addition, where the party is unable to comply with the litigation due to any cause not attributable to him/her, the period for filing the suit shall be peremptory. However, in cases where the party becomes unable to comply with the litigation due to any cause not attributable to him/her, he/she may subsequently complete the litigation neglected within two weeks after the cause ceases to exist pursuant to Article 173 of the Civil Procedure Act, which is applicable mutatis mutandis under Article 8 of the same Act. The grounds for not attributable to the party refers to the grounds for not being able to comply with the period despite the party’s exercise of general duty to conduct the litigation (see, e.g., Supreme Court Order 2004Du951, Apr. 16, 2017).