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(영문) 서울행정법원 2017.08.25 2017구단61556
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. During the disposition, the following facts are: (a) the Plaintiff’s nationality Kazakhistan Republic of Korea entry date of December 27, 2014; (b) the visa exemption (B-1) refugee status exemption application (hereinafter “instant disposition”); (b) the date of application for refugee status recognition application (hereinafter “instant disposition”) on January 7, 2016; and (c) the reasons for refugee non-recognition decision of the decision of the decision of March 24, 2016: The fact that there is no ground for rejection of the decision of the decision of the decision of December 22, 2016 as of May 22, 2016; (d) the facts that there is no ground for rejection of the decision of the decision of the decision of the decision of December 22, 2016; and (e) the entries

2. Determination on the defense prior to the merits

A. As to the defendant's defense that the plaintiff sought revocation of the disposition of this case, the defendant asserted that the lawsuit of this case is unlawful since it was filed after the period for filing the lawsuit expires.

B. 1) According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date when the disposition is known, and in cases where a request for administrative appeal is possible, the above period shall begin from the date when the original copy of the written adjudication is served. According to each of the records, the Plaintiff filed an objection that constitutes an administrative appeal due to objection to the instant disposition, and the notification of the decision of rejection of the objection was received on January 12, 2017. The fact that the Plaintiff filed the instant lawsuit on May 29, 2017 after the lapse of 90 days from the date when the Plaintiff was aware of the disposition. Accordingly, the instant lawsuit is unlawful since the period for filing the lawsuit was filed after the lapse of the filing of the lawsuit.2) The Plaintiff asserts that there is a justifiable reason to comply with the period for filing the lawsuit because the Plaintiff was unable to know the Korean language or English and thus failed to observe the period for filing the lawsuit.

Therefore, the notification of the decision of rejection (No. 2) is written in the Korean and English language, and the plaintiff is in the Korean or English language.

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