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(영문) 서울고등법원 2015.08.20 2015누35460
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition of the following, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

In addition, "Article 2" shall be added to "Article 3" next to "Article 2" in Part II.

The following shall be added to the second 15 and 16 "....."

【The Refugee Act, which was enacted by Act No. 11298, Feb. 10, 2012 and enforced as of July 1, 2013, provides that the first application for refugee status shall be applied from the time when the first application for refugee status was filed after the enforcement of the Act, Article 2 of the Addenda. Thus, even though the Refugee Act was not applicable to the case applied on September 28, 201 before the enforcement of the Refugee Act, Article 18(2) of the Refugee Act is publicly announced at the time of the instant disposition. However, Article 18(2) of the Refugee Act provides that “where the Minister of Justice determines that the application for refugee status is not a refugee, he/she shall issue to the refugee applicant a notification procedure stating the reason and the purport that he/she may file an objection within 30 days from the date of refusal of refugee status.” Since the Plaintiff did not have any restriction on the exercise of rights by filing an objection against the instant disposition with the Minister of Justice within a legitimate period of time in the administrative litigation of this case, the instant disposition itself cannot be deemed unlawful.

3) Following the last 3rd conduct, “at least there is no material”, the phrase “(the same shall apply even if the Plaintiff considers the description A’s 6-1 and 2 submitted at the trial).”

2. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

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