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Reasons
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(영문) 부산지방법원 2018.02.02 2017구합3800
난민불인정처분취소
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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. Plaintiff’s entry into the Republic of Korea and refugee application - Nationality: the Islamic Republic of Pakistan (hereinafter “Pakistan”) - Entry and refugee application: Application for refugee status on October 13, 2010 on August 12, 2015

B. The Defendant’s decision on July 12, 2016 to recognize refugee status (hereinafter “instant disposition”) - The applicant cannot be deemed to have sufficiently-founded fear that the applicant would suffer from persecution.

C. Plaintiff’s filing of objection - Formal objection to the Minister of Justice on August 1, 2016 - dismissal decision (based on recognition) on April 21, 2017 / Without dispute, the entries in Gap 1, 2, Eul 1 and 2, and the purport of the whole pleadings.

2. The defendant, which judged on the defense prior to the merits, asserts that the lawsuit in this case was unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit.

Pursuant to Article 20(1) of the Administrative Litigation Act, Article 20(1) of the Refugee 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, and the 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 dismiss the objection. According to the evidence No. 5, it is recognized that the Plaintiff received the notification of the decision not to dismiss the objection against the instant disposition on April 26, 2017. The record clearly shows that the Plaintiff filed the instant lawsuit on November 6, 2017 after the lapse of 90 days from the Plaintiff’s filing of the instant lawsuit. Thus,

3. 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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