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(영문) 서울행정법원 2017.04.19 2016구단34113
난민불인정결정취소
Text

1. The plaintiff's request shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the time for filing the lawsuit of this case.

Pursuant to Article 20(1) of the Administrative Litigation Act, Article 20(1) of the 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 he/she received the notification. A person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received the notification of the decision to dismiss the objection. According to each of the evidence Nos. 1, 2, and 4, it is recognized that he/she received the notification of the decision to dismiss the objection against the non-recognition of refugee status stated in the purport of the claim by the Plaintiff on March 30, 2016, and it is apparent that the lawsuit of this case was filed on December 21, 2016 after the lapse of the time limit for filing the lawsuit.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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