(영문) 서울행정법원 2017.07.14 2017구단58802

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(영문) 서울행정법원 2017.07.14 2017구단58802

난민불인정결정취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts: (a) the process of the disposition: (b) the Plaintiff’s entry into the Republic of Korea of the Republic of Korea on October 20, 2015; (c) the general training of stay status (D-4); (d) the filing date of the application for refugee status recognition (hereinafter “instant disposition”) on March 29, 2016; (d) the date of the application for refugee status recognition; (e) the reasonable ground for refugee status non-recognition: (e) the decision of April 19, 2016; (e) the filing date of the application for objection; (b) there is no ground for the determination of rejection of the decision of the decision of October 27, 2016; (c) the facts that there is no ground for the determination of rejection of the decision of the decision of October 27, 2016;

2. Whether the lawsuit of this case is lawful

A. Ex officio, the instant lawsuit is deemed lawful.

According to Article 20 (1) of the Administrative Litigation Act, a revocation suit shall be instituted within 90 days from the date when the existence of a disposition is known, and where a request for administrative appeal is possible, the period at the time when the request for administrative appeal is filed shall be counted from the date when the original written

If the purport of the entire pleadings is added to the statement of evidence Nos. 1 and 2 returned to the instant case, the Plaintiff filed an objection that constitutes an administrative appeal as to the instant disposition, and the Plaintiff received a notice of decision to dismiss the objection on Nov. 18, 2016. The fact that the Plaintiff filed the instant lawsuit on April 21, 2017 after the lapse of 90 days from the instant case is apparent in the record.

Therefore, the instant lawsuit is unlawful as it was filed after the period of filing the lawsuit expires.

B. As to this, the plaintiff asserts that there is a justifiable reason that the plaintiff failed to observe the filing period due to the plaintiff's failure to know the Korean or English language.

Therefore, the notification of the decision of rejection (No. 2) is written in Korean and English, and the plaintiff does not use the Korean or English language in the mother language.

However, the plaintiff's objection period and notification tool of the filing period shall be Korean and English.

참조조문

-행정소송법 제20조 제1항

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