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(영문) 서울행정법원 2016.12.29 2016구단33936
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

As a result of the instant lawsuit, the Plaintiff sought the revocation of a refugee non-recognition disposition against the Plaintiff on February 5, 2016 (hereinafter “instant disposition”).

According to Article 20(1) of the Administrative Litigation Act and Article 21(1) 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 has received such notification, and a person who has filed an objection shall file a revocation lawsuit within 90 days from the date he/she has

According to the records, the Plaintiff filed an objection against the instant disposition with the Minister of Justice on February 26, 2016, and the Minister of Justice rendered a decision to dismiss the said objection on September 9, 2016, and the Plaintiff was notified of the decision to dismiss the said objection on September 20, 2016.

Since the instant lawsuit was filed on December 20, 2016 after the lapse of 90 days from the said lawsuit, it is inappropriate and there is no method to correct such defects due to the failure to observe the period for filing the lawsuit.

Therefore, pursuant to Article 8 (2) of the Administrative Litigation Act and Article 219 of the Civil Procedure Act, the lawsuit of this case shall be dismissed without oral proceedings.

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