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(영문) 서울행정법원 2018.09.14 2018구단65708
난민불인정결정취소
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 December 11, 2015, the Plaintiff filed an application with the Defendant for refugee status on the ground that he/she had a KIKOStan nationality.

B. On March 9, 2016, the Defendant rendered a decision to deny 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 April 15, 2016, the Plaintiff filed an objection with the Minister of Justice on April 15, 2016, but the said objection was dismissed on October 11, 2017.

[Grounds for recognition] The descriptions of Gap evidence 1, 2, Eul evidence 1 and 2 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. Determination 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 of receipt of the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision to dismiss the objection. 2) However, according to each of the evidence No. 2 and No. 4, it is recognized that the Plaintiff received the notification of the decision to dismiss the objection on March 8, 2018, and it is apparent that the Plaintiff filed the instant lawsuit on July 2, 2018 at the expiration of 90 days from the date of receipt of the notification. Thus, the instant lawsuit is unlawful as it was filed with the lapse

3. As to this, the plaintiff did not know that there was a period of filing a lawsuit because he did not understand the Korean language and English properly, and as a foreign worker works in an inferior working environment, it is not possible to file a lawsuit after the lapse of the period of filing a lawsuit.

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