1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgments, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserts that the Administrative Procedures Act does not apply to the decision of non-return of refugee status review, and even if the Administrative Procedures Act applies, the exception of documentism is recognized as it constitutes “where it is necessary to process promptly” as prescribed by the proviso of Article 24(1) of the Administrative Procedures Act. Thus, the Defendant asserts that the instant disposition cannot be deemed unlawful as it violates the Administrative Procedures Act.

However, in full view of the evidence adopted by the first instance court, the entries of Gap evidence No. 14 through 20, and the following circumstances cited by the first instance court, it is reasonable to deem that the Administrative Procedures Act applies to the defendant's decision not to return a refugee status review. Unless the defendant issued a written disposition without presenting the grounds and reasons for the disposition to the plaintiff at the time of the instant disposition, the instant disposition is unlawful as it violates Articles 23 and 24 of the Administrative Procedures Act.

With respect to the reason for the enactment of the Refugee Act, which was enacted on February 10, 2012 and enforced on July 1, 2013, provides that "the Republic of Korea regulates the procedures for recognition of refugee status under the Immigration Control Act, but the Republic of Korea does not fully accept refugee status, and does not fulfill its responsibility in the international community, and there are many problems, such as the rapidness, transparency, and fairness of the procedures for recognition of refugee status, and the continuous domestic and foreign issues are raised." Thus, the procedures for recognition of refugee status are specifically prescribed to be in harmony with the international law and domestic law, such as the Refugee Convention, and it is intended to go back to the developed country of human rights."

Article 5 of the Refugee Act is a foreigner in the Republic of Korea.