(영문) 서울행정법원 2017.03.10 2016구단64749

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(영문) 서울행정법원 2017.03.10 2016구단64749

난민불인정결정취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On January 7, 2015, the Plaintiff filed an application with the Defendant for recognition of refugee status with ASEAN nationality.

B. On October 21, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On December 9, 2015, the Plaintiff filed an objection with the Minister of Justice on December 9, 2015, but the said objection was dismissed on March 23, 2016.

[Grounds for recognition] The descriptions of Gap evidence 1, 2, 3, Eul evidence 1, and the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful as a lawsuit filed after the lapse of the filing period.

B. 1) According to Article 20(1) of the Administrative Litigation 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, and the 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. 2) However, according to each of the evidence No. 2 and No. 2, it is recognized that the Plaintiff received the notification of the decision to dismiss the objection on April 18, 2016, and it is apparent that the Plaintiff filed the instant lawsuit on November 24, 2016 at the expiration of 90 days thereafter, and thus, the instant lawsuit is unlawful as it was filed with the lapse of the period for filing the lawsuit

3. As to this, the plaintiff did not know that there was a period for filing a suit due to his failure to understand the Korean language properly, and it was not possible to file a suit in time due to his living in an poor environment, so that the suit is filed after the lapse of the period for filing a suit. Therefore, the plaintiff may comply with the period for filing a suit due

참조조문

-난민법 제21조

-행정소송법 제20조 제1항

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