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(영문) 부산지방법원 2016.05.27 2016구합20839
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 filed an application for refugee status with the Defendant on April 15, 2015, as a foreigner with the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”).

B. On May 29, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would suffer persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On June 12, 2015, the Plaintiff filed an objection with the Minister of Justice on June 12, 2015, but the said objection was dismissed on September 24, 2015.

On January 15, 2016, the Plaintiff filed a lawsuit against the Defendant with this Court 2016Guhap118, which sought the revocation of the Defendant’s non-recognition of refugee status as of May 29, 2015, and the said lawsuit is currently pending.

E. On January 18, 2016, the Plaintiff filed the instant lawsuit against the Minister of Justice seeking revocation of a decision to dismiss an objection, and on February 2, 2016, filed an application for correction of the Defendant of the instant lawsuit from “Minister of Justice” to “Defendant” from “Minister of Justice,” and this court filed the same month.

3. The Defendant’s rectification was permitted.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4 (including each number), significant facts in this court, the purport of the whole pleadings

2. The defendant's defense that the lawsuit of this case constitutes a double lawsuit and thus, constitutes an unlawful lawsuit, and therefore, we examine whether the lawsuit of this case is lawful or not.

With respect to a case pending before the court, the parties can not institute any lawsuit again (Article 8(2) of the Administrative Litigation Act, Article 259 of the Civil Procedure Act), and if a prior suit has already been filed with respect to the same case, the subsequent suit is in violation of the principle of prohibition of double filing, unless the lawsuit is extinguished by withdrawal or dismissal, etc. of the subsequent suit until the closing

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