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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 November 3, 2015, the Plaintiff filed an application with the Defendant for recognition of refugee status with Egypt nationality.
B. On December 1, 2015, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “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 appealed to the Minister of Justice on December 4, 2015, but the said objection was dismissed on October 27, 2016.
[Grounds for recognition] The descriptions of Gap evidence 1, 2, Eul evidence 1 and 2 and the purport of the whole pleadings
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 not to recognize refugee status shall file an objection with the Minister of Justice within 30 days from the date he/she received the notification, or file a lawsuit for cancellation within 90 days from the date he/she became aware of such disposition. 2) However, according to each of the evidence No. 4 and No. 3, it is recognized that the Plaintiff received a notice of rejection of the objection on October 31, 2016, and it is apparent that the Plaintiff filed the lawsuit of this case on April 24, 2017 after the lapse of 90 days thereafter, and thus, the lawsuit of this case is unlawful as it was filed with the lapse of the period of
3. As to this, the Plaintiff did not know of the method of appeal or the period of filing a lawsuit due to his failure to understand the Korean language and English properly, and the Plaintiff could not file a lawsuit after the lapse of the period of filing a lawsuit because it is possible to do so in an inferior working environment as a foreign worker. Therefore, the Plaintiff could not comply with the period of filing a lawsuit due to a cause not attributable to the party.