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(영문) 인천지방법원 2019.07.25 2019구합1115
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

(a) Plaintiff’s entry into the Republic of Korea and application for refugee recognition - Nationality: Kazaktan - Entry: July 26, 2017 (Status B1): - Date of application for refugee recognition: July 31, 2017

Defendant’s decision to recognize refugee status as of February 19, 2018 (hereinafter “instant disposition”): The Plaintiff’s mother B made a decision not to recognize refugee status; thus, the application to recognize refugee status based on family combination does not meet the requirements for recognition of refugee status (based on recognition), each entry in the evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.

2. Where an administrative disposition is revoked as to the legitimacy of a lawsuit, such disposition shall lose its validity and no longer exists, and a lawsuit seeking revocation against a non-existent administrative disposition is unlawful as there is no benefit of lawsuit.

(See Supreme Court Decision 2009Du16879 Decided April 29, 2010, etc.). Since the Defendant revoked the instant disposition ex officio around June 3, 2019 when the instant lawsuit is pending, the instant lawsuit seeking the revocation of the instant disposition is subject to any administrative disposition no longer nonexistent, and thus, is unlawful as there is no benefit of lawsuit.

3. The conclusion of the instant lawsuit is dismissed, and it is so decided as per Disposition.

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