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(영문) 서울고등법원 2017.04.26 2017누40572
난민불인정결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasons for this court's acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional determination" with respect to the plaintiff's assertion emphasized or added by this court, so it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

According to Article 21(1) and (2) of the Refugee Act, the term of filing an objection is not a peremptory term, and even if an objection is filed after the lapse of such period, there are justifiable grounds for the Plaintiff’s failure to comply with the said term due to the lack of knowledge of the legal meaning of the period of filing an objection due to being familiar with Korean and English

Even if the filing period is a peremptory period, this case constitutes a case where the Plaintiff, under Article 173 of the Civil Procedure Act, cannot comply with the peremptory period due to the foregoing reasons.

Judgment

According to Articles 18(1) and 21(1) and (2) of the Refugee Act, where the Minister of Justice makes a decision to recognize refugee status, he/she shall issue a refugee applicant a notice of decision to recognize refugee status which states the reason and the purport that he/she may file an objection within 30 days, and where the Minister of Justice makes a decision to recognize refugee status, a person in receipt of a decision to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she is notified of such decision, and where an objection is filed,

Therefore, an objection is substituted for an administrative appeal, and the period of application is interpreted as a peremptory term as an appeal period against a decision not to grant refugee status.

Furthermore, the Plaintiff’s failure to observe the period of filing an objection can not be deemed to have justifiable grounds solely on the ground that the Plaintiff raised the objection.

The plaintiff's assertion on this part is without merit.

Whether there is no reason that can not be responsible or not.

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