(영문) 광주지방법원 2017.05.25 2017구단186

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(영문) 광주지방법원 2017.05.25 2017구단186

난민불인정처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On June 18, 2014, the Plaintiff, a foreigner of the nationality of the Republic of Egypt, entered the Republic of Korea as the sojourn status of tourist transit (30 days during the stay period) and stayed beyond the expiration date, and applied for refugee recognition to the Defendant on January 21, 2015.

B. On April 15, 2016, the Defendant issued a notification of refugee status refusal (hereinafter “instant disposition”) to the Plaintiff on the ground that it does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees. On the same day, the Plaintiff received the said notification.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the defendant's defense that the plaintiff sought revocation of the disposition of this case, the defendant asserts that the lawsuit of this case is unlawful as a lawsuit brought after the lapse of the period for filing the lawsuit.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(Article 20(1) of the Administrative Litigation Act. The fact that the Plaintiff received the instant disposition notice on April 15, 2016 is evident that the instant lawsuit was filed on January 23, 2017 after the lapse of 90 days from the Plaintiff.

Therefore, the lawsuit of this case is illegal since it was filed after the lapse of the time limit for filing the lawsuit under Article 20 (1) of the Administrative Litigation Act, and the defendant's prior defense on the merits is reasonable.

3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문

-행정소송법 제20조 제1항

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