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(영문) 서울행정법원 2017.07.12 2017구단54664
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 time for filing the lawsuit of this case.

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 he/she received the notification. A person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received the notification of the decision not to grant refugee status. According to each of subparagraphs B through B, it is recognized that he/she received the notification of the decision not to grant refugee status as stated in the purport of the claim on May 30, 2016, and it is apparent that he/she filed the instant lawsuit on March 6, 2017 at the expiration of 90 days thereafter, and thus, the instant lawsuit was filed after the expiration of the period for filing the lawsuit.

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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