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(영문) 서울행정법원 2017.05.11 2017구단6771
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit of this case.

According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision of non-recognition of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and a person who has filed an objection shall file a suit for cancellation within 90 days from the date he/she received a notice of decision of rejection on the objection. According to each of the statements in subparagraphs 3, 4, 3, and 4, it is recognized that the Plaintiff received a notice of decision of rejection on the disposition of non-recognition of refugee status as stated in the purport of the claim on July 13, 2016, and it is apparent that the lawsuit in this case was filed on February 24, 2017 at the expiration of 90 days thereafter. Thus, the lawsuit in this case was filed after the expiration

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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