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(영문) 대구지방법원 2019.05.17 2019구단274
난민불인정처분취소
Text

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 May 11, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Pakistan’s nationality as a short-term visit (C-3). On July 19, 2017, the Plaintiff filed an application for refugee status with the Defendant on the ground that “The Plaintiff was threatened by a total attack from those who intend to buy the land owned by the Plaintiff in this country.”

B. On July 26, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “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. The Plaintiff filed an objection with the Minister of Justice on August 25, 2017, but the said objection was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-2, Eul evidence 1, 2-4, 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, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of 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 a notice of rejection decision

The Plaintiff filed an objection with the Minister of Justice on August 25, 2017, which was within 30 days from the date the Plaintiff received a notice of non-recognition of refugee status on August 3, 2017. However, on September 14, 2018, the Plaintiff’s notice of rejection of the Plaintiff’s objection was dismissed, and the fact that the Plaintiff received on October 19, 2018 is no dispute between the parties, and it is apparent that the Plaintiff filed the instant lawsuit on January 25, 2019 after the lapse of 90 days from the Plaintiff’s filing date of the instant lawsuit. As such, the instant lawsuit was filed after the lapse of the period for filing the lawsuit, and is unlawful.

3. Conclusion, as follows:

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