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(영문) 광주지방법원 2018.11.22 2018구단1087
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On October 10, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Liberia (hereinafter referred to as “Liberia”), entered the Republic of Liberia into the Republic of Liberia (B-1 and the period of stay 90 days) and applied for refugee status to the Defendant on December 1, 2015.

B. On February 17, 2017, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On March 10, 2017, the Plaintiff filed an objection with the Minister of Justice on March 10, 2017, but the application was dismissed, and the notification of dismissal decision was served on the Plaintiff on October 13, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 3, the purport of whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff was forced both sides to open a slock with a slock, continued sexual assault, and the two parts were demanded to be set aside, so there is sufficient concern to be stuffed in case of returning home to Liberia, and this is a well-founded fear, but the disposition of this case which did not recognize it on a different premise is unlawful.

(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

(1) Article 20(1) of the Administrative Litigation Act provides that the Plaintiff shall file an objection against the instant disposition, and then a notice of decision on dismissal of the objection is issued on October 13, 2017. In this case, it is evident that the instant lawsuit was filed on July 17, 2018, which is 90 days after the said 90-day period.

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