(영문) 서울행정법원 2017.03.22 2016구단65179

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Reasons

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(영문) 서울행정법원 2017.03.22 2016구단65179

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 Korea on May 22, 2014, and applied for refugee status to the Defendant on June 2, 2014, after having entered the Republic of Korea.

B. On February 5, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from 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 appealed and filed an objection with the Minister of Justice on February 11, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on May 31, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The Defendant’s main defense against the Defendant’s main defense is an unlawful lawsuit that failed to observe the period for filing the instant lawsuit. As such, in full view of the Plaintiff’s written evidence No. 4 and the purport of the entire pleadings, the Plaintiff may be deemed to have known on June 13, 2016 that the Plaintiff was finally dismissed through an objection against the Minister of Justice, and it is apparent in the record that the instant lawsuit was filed on December 2, 2016 at the expiration of 90 days thereafter, and thus, the instant lawsuit is unlawful as it failed to observe the period for filing the lawsuit as stipulated under Article 20(1) of the Administrative Litigation Act.

In this regard, the Plaintiff asserts that the instant lawsuit should be deemed lawful on the grounds that the Plaintiff failed to comply with the period of filing a lawsuit because of the failure to make a patent application in Korean and English, and thus, the instant lawsuit should be deemed lawful on the grounds that there are subsequent completion of the lawsuit. As such, Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation, is neglected within two weeks from the date on which the relevant grounds cease

참조조문

-민사소송법 제173조 제1항

-행정소송법 제20조 제1항

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