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Reasons
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(영문) 서울행정법원 2017.11.16 2017구단25567
난민불인정결정취소
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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 July 20, 2015, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) from July 20, 2015, and applied for refugee status to the Defendant on August 5, 2015.

B. On January 26, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff 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 March 2, 2016, but was dismissed on September 9, 2016, and the Plaintiff received a notice of dismissal decision on March 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. The defendant, which judged on the previous defense of the merits, deems the lawsuit of this case unlawful as it had been 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 on the grounds that it is apparent that the Plaintiff was filed on August 11, 2017 after the lapse of 90 days from March 7, 2017 when the Plaintiff received a notice of dismissal decision on the Plaintiff’s filing of objection.

3. Thus, the lawsuit of this case is dismissed as unlawful.

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