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(영문) 부산고등법원 2018.11.02 2018누22579
난민불인정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court of the first instance cited this case are stated in the reasoning of the first instance judgment, except for an additional determination as to the Plaintiff’s assertion that is newly established in the court of the first instance under paragraph (2) below, and thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiff asserts to the effect that there was a justifiable reason for failing to observe the period of filing the lawsuit, since the plaintiff filed the lawsuit in this case 90 days after he received a notice of dismissal decision from the Minister of Justice. However, since the plaintiff was not well aware of the Korean language and writing, he did not know the period of filing the lawsuit.

In this case, the notice form for the filing period is written in Korean and English, and the plaintiff does not use Korean language in the mother language.

However, in light of the fact that the notification tool of the period of filing an objection and the period of filing an objection filed by the Plaintiff received the instant disposition (No. 5) in Korean and English, and filed an objection within a legitimate period, even if the Plaintiff was unaware of Korean language, it is difficult to recognize that the Plaintiff’s above circumstance alone incurred by the Plaintiff to have a legitimate ground for failing to observe the period of filing an objection, in light of the fact that the Plaintiff could sufficiently comply with the period of filing a lawsuit on September 21, 2016, because he/she could have known the fact that the document was dismissed within 90 days from the date of receipt of the notice of rejection of the Plaintiff’s objection against the disposition of non-recognition of refugee status, if he/she

Therefore, the plaintiff's above assertion is not accepted.

3. Accordingly, the judgment of the court of first instance which rejected the instant lawsuit is legitimate, and the Plaintiff’s appeal is justifiable.

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