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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 April 4, 2011, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) status as an alien of Bangladesh nationality, and applied for refugee status to the Defendant on December 16, 2015.
B. On January 6, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Defendant dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 12, 2016, but the objection was dismissed on July 18, 2017, and the Plaintiff received a notice of dismissal decision on August 11, 2017.
[Reasons for Recognition] Facts without dispute, entry of Eul's evidence of Nos. 4 to 6, purport of the whole pleadings
2. The defendant, which judged that the lawsuit of this case is unlawful as it was filed after the lapse of the period for filing the lawsuit.
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 of non-recognition of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives such notification, and a person who has filed an objection shall file a lawsuit for cancellation within 90 days from the date he/she
The instant lawsuit is unlawful due to the lapse of the period for filing the lawsuit, since it is apparent that the Plaintiff was filed on November 10, 2017 after the lapse of 90 days from August 11, 2017, when the Plaintiff received a notice of decision on dismissal of the Plaintiff’s objection.
3. Thus, the lawsuit of this case is dismissed as unlawful.