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

A. The Plaintiff, a foreigner of the nationality of the People’s Republic of China, entered the Republic of Korea as a short-term visit (C-3) on February 22, 2007, and applied for refugee status to the Defendant on May 16, 2016.

B. On August 18, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On November 11, 2016, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3 and 4, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s lawsuit on this case’s main defense is unlawful as it was filed after the lapse of the filing period.

B. In full view of Articles 18(1) and 20(1) of the Administrative Litigation Act, and Article 27(1) of the Administrative Appeals Act, when the method of immediately filing a suit for revocation is chosen with the knowledge of the existence of an administrative disposition, a suit for revocation shall be filed within 90 days from the date on which the administrative disposition is known, and when the method of filing a suit for administrative appeal is selected, a suit for revocation shall be filed within 90 days from the date on which the administrative disposition is known, and a suit for revocation shall be filed within 9

In full view of the purport of the written evidence No. 5, the Plaintiff may recognize the fact that the Plaintiff filed the instant lawsuit on August 8, 2018, which was extremely apparent, after the lapse of 90 days from the date on which the written adjudication on administrative appeal was served on February 18, 2018. As such, the instant lawsuit is unlawful even with the lapse of the period for filing the lawsuit.

The plaintiff is unable to make Korean and English.