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(영문) 대구지방법원 2019.01.11 2018구단2143
난민불인정처분취소
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. On July 18, 2012, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea with a visa for non-professional employment (E-9). On May 16, 2017, the Plaintiff applied for refugee recognition to the Defendant on the ground that “the Plaintiff and the Plaintiff’s punishment were stuffed by C supporters on the grounds that they support B in their home country.”

B. On May 24, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-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 filed an objection with the Minister of Justice on June 12, 2017, but the said objection was dismissed on June 12, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 3, 4, and 5, 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, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

The Plaintiff filed an objection with the Minister of Justice on June 12, 2017, which was within 30 days from the date he/she received a notice of non-recognition of refugee status on May 24, 2017. However, on June 12, 2018, the Plaintiff’s notice of dismissal of the objection was dismissed, and the Plaintiff received on August 6, 2018, the Plaintiff did not conflict between the parties, and it is apparent that the Plaintiff filed the instant lawsuit on November 15, 2018, when 90 days have elapsed from the date when the period for filing the instant lawsuit was exceeded. Thus, the instant lawsuit is unlawful as it was filed after the lapse of the period for filing the lawsuit.

3. The instant lawsuit is unlawful and thus, it is unlawful.

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