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(영문) 서울행정법원 2018.10.19 2018구단69380
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 April 27, 2016, the Plaintiff filed an application for refugee recognition with the Defendant, who is a KIKOstan nationality.

B. On August 5, 2016, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-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. The Plaintiff filed an objection with the Minister of Justice on September 9, 2016, but the said objection was dismissed on December 7, 2017.

[Reasons for Recognition] Each entry of Eul 1, 2, and 5 (including paper numbers) and the purport of the whole pleading

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 he/she received the notification, and the person who filed an objection shall file an administrative litigation within 90 days from the date he/she received the notification of the decision to dismiss the objection. 2) However, according to each of the evidence Nos. 4 and 5-2, it is recognized that the Plaintiff received the notification of the decision to dismiss the objection on January 26, 2018, and it is apparent that the Plaintiff filed the instant lawsuit on August 23, 2018 at the expiration of 90 days thereafter, and thus, the instant lawsuit is unlawful as it was filed with the lapse of the period for filing

Therefore, the defendant's main defense is justified.

3. Thus, the lawsuit of this case is dismissed as unlawful.

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