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(영문) 서울행정법원 2018.09.19 2018구단14274
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. The Plaintiff entered the Republic of Uzbekistan on November 8, 2008 and applied for refugee status to the Defendant on September 13, 2016, after having entered the Republic of Korea.

B. On January 16, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize that there is “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 6, 2017, but was dismissed on October 11, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The defendant's main defense plaintiff filed the lawsuit of this case after the lapse of 90 days from the date on which he received a notice of dismissal decision of the Minister of Justice's objection. The lawsuit of this case is unlawful as it was filed after the lapse of the period of

B. In light of the determination, Article 20(1) of the Administrative Litigation Act provides, “The revocation lawsuit shall be instituted within 90 days from the date on which the person becomes aware of the disposition, etc.: Provided, That where the proviso of Article 18(1) is provided for in the proviso of paragraph (1) of the same Article or where the administrative agency has mistakenly notified that a request for administrative appeal may be made, or that an administrative agency may make a request for administrative appeal, the period shall be calculated from the date on which the original copy of the written ruling is served.”

However, according to the evidence Nos. 4 and 6, the Plaintiff received a notice of the decision to dismiss an objection issued by the Minister of Justice on October 11, 2017, directly on January 11, 2018, and the Plaintiff raised the objection.

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