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

A. On June 6, 2012, the Plaintiff, a foreigner of the nationality of the Republic of ASEAN, entered the Republic of Korea on a short-term visit sojourn status on a short-term basis, and filed an application for refugee status with the Defendant on July 11, 2012, and filed a claim for the revocation of the above disposition with the Seoul Administrative Court 2015Gudan58846, but the said claim was dismissed.

B. On December 4, 2015, the Plaintiff re-applicanted for refugee status to the Defendant.

C. On December 23, 2015, the Defendant re-written notification of refugee non-recognition (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

On May 31, 2016, the Plaintiff filed an objection with the Minister of Justice. However, on May 31, 2016, the Plaintiff’s notice of rejection of the objection was served on the Plaintiff on June 7, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 2, the purport of the whole pleadings

2. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit.

A revocation lawsuit shall be instituted within 90 days from the date on which the existence of disposition, etc. is known, and in cases of going through an administrative appeal, the original copy of a written adjudication shall be filed within 90 days from the

(Article 20(1) of the Administrative Litigation Act. The fact that the Plaintiff received a notice of decision to dismiss an objection against the instant disposition filed with the Minister of Justice on June 7, 2016 is as seen earlier. It is evident that the instant lawsuit was filed on September 9, 2016 after the lapse of 90 days from the said lawsuit.

Therefore, the instant lawsuit is unlawful as it was filed after the lapse of the time limit for filing the lawsuit under Article 20(1) of the Administrative Litigation Act.

Therefore, the defendant's defense prior to the merits is justified.

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