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(영문) 서울행정법원 2018.01.24 2017구단76688
난민불인정결정취소
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 June 12, 2016, the Plaintiff entered the Republic of Korea on June 12, 2016, and applied for refugee recognition to the Defendant on May 15, 2017.

B. On June 13, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant asserts that the lawsuit of this case is unlawful because the period for filing the lawsuit of this case is expired.

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 of receipt of the notification, and the person who has filed an objection shall file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision not to grant refugee status. In full view of the purport of the entire pleadings in the evidence No. 1 and No. 4, the Plaintiff received the notice of the disposition in this case on June 30, 2017, and it is recognized that the Plaintiff did not file an objection with the Minister of Justice within 30 days from the date of receipt, and it is apparent that the instant lawsuit was filed on November 7, 2017 after the expiration of the period for filing the lawsuit. Thus, the instant lawsuit is unlawful as it

B. As to this, the plaintiff asserts that there is a reason that the plaintiff cannot be held responsible for not complying with the period of filing a lawsuit because the plaintiff is a foreigner who is unable to purchase Korean language.

Article 173 (1) of the Civil Procedure Act, which applies mutatis mutandis to the administrative litigation, is no longer to observe the peremptory period due to a cause not attributable to the party.

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