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(영문) 부산고등법원 2018.11.30 2018누22968
난민불인정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the following determination as to the plaintiff's assertion of the first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiff asserts to the effect that there was a justifiable reason for failing to observe the period of filing the lawsuit, since the plaintiff filed the lawsuit in this case 90 days after he received a notice of dismissal decision from the Minister of Justice. However, since the plaintiff was not well aware of the Korean language and writing, he did not know the period of filing the lawsuit.

In this case, a notice tool for the filing period is written in Korean and English, and the plaintiff does not use Korean language in the mother language.

However, in light of the fact that the notification tool of the period of filing an objection and the period of filing an objection filed by the Plaintiff received the instant disposition (Evidence A No. 1) in Korean and English and, even if the Plaintiff was unaware of Korean language, the Plaintiff could sufficiently comply with the period of filing a lawsuit within 90 days from the date of receiving the notification of rejection of the Plaintiff’s objection against the disposition of non-recognition of refugee status if he had examined the contents of the documents served by himself on January 5, 2018 as a refugee applicant party if he did not know of Korean language, he/she would have received a refugee applicant’s assistance. In light of the fact that the Plaintiff’s aforementioned circumstance alone, it is difficult to recognize that the Plaintiff’s failure to observe

Therefore, the plaintiff's above assertion is not accepted.

3. Thus, the judgment of the court of first instance which rejected the lawsuit of this case is legitimate, and the plaintiff's appeal is without merit.

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