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(영문) 광주지방법원 2019.03.21 2018구단1544
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 July 22, 2016, the Plaintiff, a foreigner of the nationality of the Russian Federation (hereinafter “Russia”), entered the Republic of Korea as the status of stay for visa exemption (B-1 and the period of stay 60 days).

B. On September 8, 2016, the Plaintiff filed an application for refugee status with the Defendant. On June 29, 2017, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On September 13, 2017, Sept. 13, 2017, the day before the instant lawsuit was filed, the Plaintiff filed an administrative litigation seeking the revocation of the said disposition (this Court Decision 2017Gudan1837). After being deemed to have been withdrawn on two occasions, the Plaintiff filed the instant lawsuit again.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff had been forced to marry from his father's home country to flee to the Republic of Korea. Therefore, there is sufficient concern that he will be stuffed when he returns to Korea with his home country, and it is a reasonable fear. However, the disposition of this case which did not recognize it on a different premise is unlawful.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(1) According to Article 20(1)1 and 20(1)2 of the Administrative Litigation Act, the Plaintiff’s notice of disposition in this case may be acknowledged as having been received on June 30, 2017. It is evident that the instant lawsuit was filed on October 1, 2018, which was nine (90) days after the said notice was issued.

Therefore, the instant lawsuit is stipulated in Article 20(1) of the Administrative Litigation Act.

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