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(영문) 부산지방법원 2018.07.25 2018구단20843
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 August 1, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on August 1, 2015, and applied for refugee status to the Defendant on November 4, 2015.

B. On July 29, 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 of “a well-founded fear of persecution” stipulated in Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 5, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the 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 he/she received the notification. A person who filed an objection is entitled to file a revocation lawsuit within 90 days from the date he/she received the notification of the decision not to grant refugee status, and if he/she has gathered the overall purport of pleadings on the items of evidence Nos. 1 and 2, he/she is found to have received the notification of the decision dismissing the objection against the instant disposition on June 2, 2017, and it is apparent that the Plaintiff filed the instant lawsuit on February 23, 2018 after the lapse of the period for filing the lawsuit. Thus, the instant lawsuit is unlawful as it

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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