(영문) 서울행정법원 2018.10.04 2018구단16072

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(영문) 서울행정법원 2018.10.04 2018구단16072

난민불인정결정취소

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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 January 25, 2017, the Plaintiff 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 May 4, 2017.

B. On May 30, 2017, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on June 27, 2017, but the Minister of Justice dismissed the objection on March 21, 2018.

[Reasons for Recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleading

2. The defendant's defense prior to the merits is unlawful as it was filed after the period for filing the lawsuit of this case expired.

According to Article 20 (1) of the Administrative Litigation Act, a revocation suit shall be instituted within 90 days from the date when the existence of a disposition is known, and where a request for administrative appeal is possible, the period at the time when the request for administrative appeal is filed shall be counted from the date when the original written

According to the foregoing macroscopic evidence, the Plaintiff filed an objection that constitutes an administrative appeal due to objection to the instant disposition, and received a notice of decision to dismiss the objection on May 8, 2018. The fact that the Plaintiff filed the instant lawsuit on August 7, 2018 after the lapse of 90 days from the date is apparent in the record.

Therefore, the instant lawsuit is unlawful as it was filed after the period of filing the lawsuit expires.

3. Thus, the lawsuit of this case is dismissed as unlawful.

참조조문

-행정소송법 제20조 제1항

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