logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.23 2017구단1936
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On December 30, 2013, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a general official status and illegally staying beyond the period of stay, and applied for refugee status to the Defendant on March 26, 2015.

B. On February 15, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on February 15, 2016. However, the Plaintiff’s objection was dismissed on September 9, 2016, and the notice of rejection of the objection was served on the Plaintiff on September 22, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the defendant's assertion that the plaintiff sought revocation of the disposition of this case, the defendant asserts that the lawsuit of this case is unlawful as a lawsuit brought after the lapse of the period for filing the lawsuit.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(1) Article 20(1) of the Administrative Litigation Act provides that the Plaintiff shall file an objection that constitutes an administrative appeal on September 22, 2016 as an objection to the instant disposition, and then a notice of the decision on dismissal of the objection is issued on September 22, 2016. It is apparent that the instant lawsuit was filed on October 10, 2017 after the lapse of 90 days from the said lawsuit.

Therefore, the lawsuit of this case is illegal since it was filed after the lapse of the time limit for filing the lawsuit under Article 20 (1) of the Administrative Litigation Act, and the defendant's prior defense on the merits is reasonable.

3. Conclusion.

arrow