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(영문) 서울행정법원 2017.04.05 2016구단29623
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the time for filing the lawsuit of this case.

Pursuant to Article 20(1) of the Administrative Litigation Act, Article 20(1) of the Refugee Act, and Article 21(1) and (2) of the Refugee Act, a person who has received a decision not to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification. A person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received the notification of the decision not to recognize refugee status. In full view of the overall purport of the pleadings as stated in the evidence No. 2 and No. 4, the Plaintiff received the notice of the decision not to recognize refugee status stated in the purport of the claim on July 8, 2016, and it is recognized that the Plaintiff did not file an objection with the Minister of Justice within 30 days from the date of receipt thereof, and it is apparent that the instant lawsuit was filed on November 14, 2016 after the expiration of the period not to file the lawsuit.

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

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