(영문) 광주지방법원 2017.03.30 2016구단1069

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(영문) 광주지방법원 2017.03.30 2016구단1069

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 May 13, 2014, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a sojourn status of ordinary commercial use (90 days during the stay period) and applied for refugee status to the Defendant on August 11, 2014.

B. On February 15, 2016, 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 is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees. The Plaintiff received the said notification on the same day.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The defendant asserts that the judgment on the defense prior to the merits was unlawful, since the lawsuit of this case was filed after the lapse of the time limit for filing the lawsuit.

A revocation lawsuit shall be instituted within 90 days from the date on which the existence of disposition, etc. is known, and in cases of going through an administrative appeal, the original copy of a written adjudication shall be filed within 90 days from the

(Article 20(1) of the Administrative Litigation Act. The fact that the Plaintiff received the instant disposition on February 15, 2016 is clear that the instant lawsuit was filed on October 25, 2016, which had the lapse of 90 days from the Plaintiff.

Therefore, the lawsuit of this case is illegal since it was filed after the lapse of the time limit for filing the lawsuit under Article 20 (1) of the Administrative Litigation Act, and the defendant's prior defense on the merits is reasonable.

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

참조조문

-행정소송법 제20조 제1항

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