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(영문) 대구지방법원 2019.03.29 2018구단2204
난민불인정처분취소
Text

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 September 2, 2015, the Plaintiff filed an application for refugee recognition on the ground that he/she entered the Republic of Korea as a foreigner of the nationality of the Republic of Citdar, as a general training (D-4) qualification, and on February 24, 2016, the Defendant applied for refugee recognition on the ground that “the Plaintiff was forced to enter a marriage not wanting to be married from his/her father in this country.”

B. On September 12, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently based fear that she will be injured” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on September 26, 2017, but the said objection was dismissed on June 12, 2018.

[Grounds for recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 4, and 5, and the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

According to the evidence Nos. 1, 3, and 5, the same year within 30 days from the date when the plaintiff received a notice of decision to recognize refugee status on September 12, 2017.

9. 26. An objection filed with the Minister of Justice on June 12, 2018. The same year is the same as a notice of dismissal of the Plaintiff’s objection as the foregoing objection was dismissed.

7. It is acknowledged that the Plaintiff received the instant lawsuit on November 23, 2018, and it is apparent that the Plaintiff filed the instant lawsuit on November 23, 2018 after the lapse of 90 days from the Plaintiff. As such, the instant lawsuit is unlawful since it was filed after the lapse of the period for filing

3. The instant lawsuit is unlawful and thus, it is unlawful.

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