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(영문) 대구지방법원 2020.02.14 2019구단2706
난민불인정처분취소
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. On July 22, 2014, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of Pakistan, as a short-term comprehensive (C-3) qualification, and applied for refugee recognition to the Defendant on May 14, 2018, on the ground that “A Party was threatened by A, an organization of hydropatha, in this State.”

B. On August 31, 2018, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently based fear that she will be injured” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on October 12, 2018, but was dismissed on May 27, 2019.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 5, purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

According to the purport of the evidence Nos. 3 and 5, the Plaintiff filed an objection with the Minister of Justice on October 12, 2018, which was within 30 days from the date of receiving the notice of non-recognition of refugee status on September 14, 2018. However, on May 27, 2019, it can be recognized that the Plaintiff received the notice of dismissal decision on the Plaintiff’s objection on June 14, 2019. Since it is apparent that the Plaintiff filed the instant lawsuit on December 11, 2019 after the lapse of 90 days from the Plaintiff, the instant lawsuit was filed after the lapse of the period for filing the lawsuit, and thus is unlawful.

3. According to the conclusion, the instant lawsuit is dismissed.

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