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(영문) 부산지방법원 2018.07.25 2018구단665
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 May 8, 2012, the Plaintiff, a foreigner of Sri Lankan nationality, entered the Republic of Korea as a non-professional employment (E-9) sojourn status, and applied for refugee status to the Defendant on November 3, 2015.

B. On May 19, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear of persecution” stipulated in Article 1 of the Protocol relating to the Status of Refugees and the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 29, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on December 7, 2017.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. As to the Plaintiff’s petitioning for the revocation of the instant disposition regarding the instant defense, the Defendant asserted that the instant lawsuit was unlawful, as it was filed after the lapse of the period for filing the lawsuit.

Pursuant to Article 20(1) of the Administrative Litigation Act, Article 20(1) of the 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 on which he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date on which he/she received the notification of the decision not to grant refugee status, and if he/she becomes aware of the overall purport of pleadings in the statement in subparagraph 4, it is recognized that the Plaintiff received a notice of the decision not to dismiss the objection against the instant disposition on January 5, 2018, and it is apparent that the Plaintiff filed the instant lawsuit on April 16, 2018 after the lapse of 90 days from the Plaintiff’s filing

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

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