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(영문) 서울행정법원 2017.05.19 2017구단52545
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. During the disposition, the following facts are: (a) there is no dispute over the grounds for recognizing the rejection of the decision of the Supreme Court on June 23, 2016 of the filing date of the application for refugee status recognition (B-2) on May 13, 2016; and (b) the application date for refugee status recognition (hereinafter “instant disposition”) on May 31, 2016; (b) there is no sufficient ground for recognizing refugee status non-recognition: (c) there is no ground for recognizing the rejection of the decision of the decision of the Supreme Court on October 27, 2016 on June 23, 2016; (d) Gap evidence 1 through 4; and (e) evidence 1 and 2 evidence ; and (e) the purport of the entire pleadings as a whole.

2. Determination on the defense prior to the merits

A. As to the defendant's defense that the plaintiff sought revocation of the disposition of this case, the defendant asserted that the lawsuit of this case is unlawful since it was filed after the period for filing the lawsuit expires.

B. 1) According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date the relevant disposition is known, and in cases where a request for administrative appeal is possible, the above period shall begin from the date the original written judgment was served on the date when the original copy of the written judgment is served. According to each of the statements in evidence Nos. 1 and 2, and No. 3, the Plaintiff filed an objection that constitutes an administrative appeal due to objection to the instant disposition, and the notification of dismissal of the objection was received on November 2, 2016. The fact that the Plaintiff filed the instant lawsuit on February 6, 2017 after the lapse of 90 days from the date when the Plaintiff became aware of the relevant disposition was filed is apparent in the record. Accordingly, the Plaintiff asserts that there is justifiable reason for the Plaintiff to comply with the period of filing the lawsuit because the Plaintiff was unable to observe the period of filing the lawsuit due to his knowledge of the Korean language or English language.

Therefore, the notification of the decision of rejection (No. 2) is written in the Korean and English language, and the plaintiff is in the Korean or English language.

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