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(영문) 광주지방법원 2018.05.17 2017구단2236
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 November 16, 2016, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on December 20, 2016.

B. On December 21, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on January 13, 2017. However, on April 21, 2017, the objection was dismissed, and the notice of rejection of the objection was served on the Plaintiff on April 28, 2017.

【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 due to an objection to the instant disposition and then receive a notice of decision of dismissal on April 28, 2017, as seen earlier. It is apparent that the instant lawsuit was filed on November 17, 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. As such, the instant lawsuit is unlawful as it is concluded.

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