(영문) 대구지방법원 2017.02.17 2016구합2740

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(영문) 대구지방법원 2017.02.17 2016구합2740

난민불인정결정취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application with the Defendant for refugee status on September 24, 2015, with the nationality of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and the Defendant.

B. On October 20, 2015, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the ground that the Defendant could not recognize a well-founded fear that the Plaintiff would be injured by gambling.

C. The Plaintiff filed an objection with the Minister of Justice on November 20, 2015, but the Minister of Justice dismissed the said objection on March 23, 2016, and the Plaintiff was issued a written decision of dismissal on September 19, 2016.

On December 20, 2016, the Plaintiff filed the instant lawsuit seeking revocation of the instant disposition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on this safety defense

A. The instant lawsuit is unlawful as it was filed with the lapse of the filing period.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(Article 20 of the Administrative Litigation Act). The fact that the Plaintiff received a written notice of the decision on dismissal of the instant objection on September 19, 2016 is recognized as above, and the fact that the instant lawsuit was brought to the court on December 20, 2016 is significant. As such, the instant lawsuit is inappropriate as it was filed with the lapse of the period for filing the lawsuit, and the Defendant’s principal safety defense is with merit.

3. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

참조조문

-행정소송법 제20조

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