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(영문) 서울행정법원 2018.04.17 2017구단33544
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. On March 18, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on March 18, 2016, and applied for refugee status to the Defendant on March 25, 2016.

B. On October 20, 2016, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as a refugee requirement under Article 1 of the Protocol Relating to the Status of Refugees” (Article 1 of the Convention Relating to the Status of Refugees).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 15, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. As to the Plaintiff’s revocation of the instant disposition, the Defendant asserted that the instant lawsuit was unlawful as it was filed after the lapse of the period for filing the lawsuit.

B. 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 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. A person who has filed an objection shall file a revocation lawsuit within 90 days from the date he/she received the notification of the decision of rejection of the objection. In addition to the facts acknowledged in subparagraph 1 of the above, the Plaintiff received the notification of the decision of rejection of the objection to the instant disposition on March 15, 2017, and the fact that the Plaintiff filed the instant lawsuit on October 31, 2017 after the said 90 days from the date of receipt is apparent in the record. Thus, the instant lawsuit is unlawful since it was filed after the time limit for filing the objection expires.

3. The instant lawsuit is concluded.

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