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(영문) 서울행정법원 2016.09.05 2016구단19817
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

As a result of the instant lawsuit, the Plaintiff sought the revocation of a refugee non-recognition disposition against the Plaintiff on December 23, 2014 (hereinafter “instant disposition”).

According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has filed an objection with the Minister of Justice on a decision of non-recognition of refugee status cannot file an administrative appeal under the Administrative Appeals Act, and a person who has filed an objection with the Minister of Justice shall file an administrative lawsuit for cancellation within 90 days

The Plaintiff filed an objection against the instant disposition with the Minister of Justice on February 3, 2015, and the Minister of Justice decided to dismiss the said objection on December 14, 2015, and the Plaintiff was notified of the dismissal decision on February 25, 2016.

(C) Facts without any dispute, Gap evidence No. 4, Eul evidence No. 6, Eul evidence No. 7, and the purport of the whole pleadings). The plaintiff filed the lawsuit of this case on August 3, 2016 after the lapse of 90 days from the plaintiff, which was unlawful since it failed to observe the period for filing the lawsuit of this case.

[Plaintiff filed an administrative appeal under the Administrative Appeals Act other than the above objection against the disposition of this case, but this is an unlawful administrative appeal (Article 21(2) of the Refugee Act), and a lawsuit seeking revocation of the original disposition is not deemed to have been followed because the Plaintiff filed a lawsuit seeking revocation of the original disposition within 90 days from the date of receiving a written adjudication after a ruling on an illegal administrative appeal (Article 21(2) of the Refugee Act). Accordingly, the lawsuit of this case is dismissed.

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