(영문) 서울행정법원 2018.11.07 2018구단13462

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(영문) 서울행정법원 2018.11.07 2018구단13462

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. Details of the disposition;

A. On March 27, 2007, the Plaintiff, a foreigner of the nationality of the Democratic Socialist Republic of Sri Lanka, entered the Republic of Korea as a non-professional employment (E-9) sojourn status and stayed, and filed an application for refugee status with the Defendant on April 18, 2016.

B. On August 31, 2016, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on September 27, 2016, but the Minister of Justice dismissed the objection on July 18, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 4, the purport of the whole pleadings and arguments

2. Determination as to this safety defense: An applicant for refugee status who has received a decision to deny refugee status within 30 days from the date he/she was notified of the decision to deny refugee status; however, if such objection is dismissed, he/she shall file a revocation lawsuit within 90 days from the date he/she was notified of the decision to dismiss such objection; and the period of filing a lawsuit within 90 days from the date of receipt of the notification of the decision to dismiss

(See Attached Form). However, on October 11, 2017, the Plaintiff received a notice of the dismissal decision of the above objection from the Minister of Justice (each entry in the evidence Nos. 3 and 4 and the purport of the whole pleadings), and on July 3, 2018, the filing date of the instant lawsuit was 90 days after the date of the above receipt, and the instant lawsuit was filed after the lapse of the filing period.

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

유사 판례

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