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(영문) 서울행정법원 2019.04.04 2019구단50383
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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on December 11, 2016, as an alien of ASEAN nationality.

B. On January 9, 2017, the Plaintiff applied for refugee status to the Defendant. However, on November 9, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to 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, on the ground that it does not fall under “the fear”.

C. On December 15, 2017, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The defendant's main defense 1) asserts that the plaintiff's lawsuit of this case is unlawful since 90 days have passed since the plaintiff received a notice of dismissal from the Minister of Justice as to the decision not to grant refugee status against the defendant. 2) The plaintiff's lawsuit of this case is examined as follows: Article 20 (1) of the Administrative Litigation Act provides that "the revocation lawsuit shall be filed within 90 days from the date when the plaintiff became aware of the disposition, etc. is made: Provided, That where the case is provided for in the proviso of Article 18 (1) and other cases where a request for administrative appeal may be made, or where an administrative agency is mistakenly notified that a request for administrative appeal may be filed, the period from the date when the original copy of the written ruling is delivered, and Article 18 (3) provides that "

However, in full view of the evidence No. 2 and No. 3, the Plaintiff received directly on September 19, 2018, a notice of dismissal decision issued by the Minister of Justice on September 3, 2018.

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