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(영문) 서울행정법원 2016.11.28 2016구단64022

난민불인정결정취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

As a result of the instant lawsuit, the Plaintiff sought the revocation of a refugee non-recognition disposition against the Plaintiff on April 25, 2014 (hereinafter “instant disposition”).

According to Article 20(1) of the Administrative Litigation Act and Article 21(1) 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 he/she has received such notification, and a person who has filed an objection shall file a revocation lawsuit within 90 days from the date he/she has

The Plaintiff filed an objection against the instant disposition with the Minister of Justice on May 16, 2014. The Minister of Justice decided to dismiss the said objection on April 2, 2015, and the Plaintiff was notified of the dismissal decision on August 12, 2015.

(2) The Plaintiff filed the instant lawsuit on November 15, 2016, 90 days after the filing date of the instant lawsuit. As such, the instant lawsuit was not in compliance with the filing period, and there is no way to correct such defects.

Therefore, pursuant to Article 8 (2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, the lawsuit of this case shall be dismissed without oral proceedings.