logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.01.18 2017구단2120
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On June 3, 2012, the Plaintiff, a foreigner of the nationality of the People’s Republic of China, entered the Republic of Korea for a short-term visit (90 days of stay) and stayed, and applied for refugee status to the Defendant on November 2, 2015.

B. On March 8, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on March 30, 2016. However, on December 22, 2016, the objection was dismissed, and the notice of the decision to dismiss the objection was served on the Plaintiff on December 26, 2016.

On March 13, 2017, the Plaintiff filed a lawsuit seeking the revocation of the instant disposition under this Court Decision 2017Gudan469, but the lawsuit was concluded on September 12, 2017 due to the absence of two times at the date of pleading.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1, 2, and 3, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the defendant's assertion that the plaintiff sought revocation of the disposition of this case, the defendant asserts that the lawsuit of this case is unlawful as a lawsuit brought after the lapse of the period for filing the lawsuit.

B. Determination 1) A revocation suit shall be filed within 90 days from the date on which a disposition, etc. is known, and where an administrative appeal has been filed, an original copy of the written adjudication shall be filed within 90 days from the date on which the original copy of the written adjudication is served (Article 20(1) of the Administrative Litigation Act). The fact that the Plaintiff received a notice of decision to dismiss an objection on December 26, 2016 after the Plaintiff filed an objection constituting an administrative appeal due to an objection to the disposition of this case is as seen earlier. It is evident that the instant lawsuit was filed on November 2, 2017 after the lapse of

Therefore, this case.

arrow