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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. On August 26, 2015, the Plaintiff filed an application with the Defendant for refugee status with his/her nationality in Canada.
B. On December 15, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On January 20, 2016, the Plaintiff filed an objection with the Minister of Justice on January 20, 2016, but the said objection was dismissed on May 31, 2016.
[Grounds for recognition] The descriptions of Gap 1, 2, 3, 4 and Eul 1 and the purport of the whole pleadings
2. Determination on this safety defense
A. The Defendant’s lawsuit on this case’s main defense is unlawful as a lawsuit filed after the lapse of the filing period.
B. Determination 1) According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision to deny refugee status may file an objection with the Minister of Justice within 30 days from the date of receipt of the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision to dismiss the objection. 2) However, according to each of the evidence No. 4 and No. 2, it is recognized that the Plaintiff received the notification of the decision to dismiss the objection on June 20, 2016, and it is apparent that the Plaintiff filed the instant lawsuit on November 25, 2016 at the expiration of 90 days thereafter, and thus, the instant lawsuit is unlawful as it has been filed with the lapse of the period of filing the lawsuit.
3. As to this, the plaintiff did not know that the period of filing a lawsuit was not well known due to his failure to understand the Korean language and English, and as a result, he could not file a lawsuit after the lapse of the period of filing a lawsuit due to his work in an inferior environment, the plaintiff shall comply with the period of filing a lawsuit.