beta
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) Plaintiff’s entry into the Republic of Korea and refugee application - Nationality: the Islamic Republic of Pakistan (hereinafter referred to as “Skakistan”): Entry and refugee application: June 12, 2015 (Status of Sojourn: short-term visit (C-3-9)) and application for refugee recognition on July 8, 2015
B. The Defendant’s decision on February 4, 2016 to recognize refugee status (hereinafter “instant disposition”) - The applicant cannot be recognized as having a sufficiently-founded fear that the applicant would suffer from persecution.
C. Plaintiff’s objection - Formal objection to the Minister of Justice on February 15, 2016 - dismissal decision (based on recognition) on September 9, 2016 / Without dispute, the entries in Gap’s 1, 2, Eul’s 1, 2, and 3, and the purport of the whole pleadings.
2. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit of this case.
Pursuant to Article 20(1) of the Administrative Litigation Act, Article 20(1) of the Act, and Article 21(1) and (2) of the Refugee Act, a person who has received a decision not to recognize 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 the notification of the decision not to dismiss the objection. According to the statement in subparagraph (2) of the same Article, it is recognized that the Plaintiff received the notification of the decision not to dismiss the objection against the instant disposition on September 20, 2016, and it is apparent that the Plaintiff filed the instant lawsuit on March 16, 2017 after the lapse of 90 days from the said notification.
3. The lawsuit of this case is unlawful, so it is decided as per Disposition by the assent of all participating Justices.