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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 July 12, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Indian nationality with the status of stay for short-term visits (C-3).
B. On July 21, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant (hereinafter “instant application”). However, on January 31, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to stuffed “Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees” under Article 1 of the said Protocol.
(c)
The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 14, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on June 19, 2020.
(d)
On July 31, 2020, the Plaintiff received a notice of dismissal decision of the above objection, and filed the instant lawsuit on November 12, 2020.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The Defendant’s defense prior to the merits was instituted after the lapse of the period for filing the instant lawsuit, and is in an influence to the law.
B. Determination 1) A person who has received a decision not to recognize refugee status pursuant to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Civil Act, who has received the notification, may file an objection with the Minister of Justice within 30 days from the date of receipt of the notification, and where an objection is filed, he/she cannot file an administrative appeal under the Administrative Adjudication Act, and where an objection is filed under the Refugee Act, he/she shall calculate the period of filing an objection in the same manner as an administrative adjudication is rendered under the proviso of Article 20(1) of the Administrative Litigation Act.
Therefore, a person who applies for recognition as a refugee should file a revocation lawsuit within 90 days from the date he/she receives a notice of decision to dismiss his/her objection.
2) In light of the above legal principles, the health team, and the Plaintiff on July 31, 2020.