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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 24, 2015, the Plaintiff entered the Republic of Korea with his/her short-term visit (C-3) status as a foreigner of Pakistanan nationality, and applied for refugee status to the Defendant on January 19, 2016.
B. On March 14, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Defendant dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 25, 2016, but the objection was dismissed on July 18, 2017, and the Plaintiff received a notice of dismissal decision on July 28, 2017.
[Reasons for Recognition] Unsatisfy, entry in the Evidence Nos. 1, 2, 4, 5 (including a tentative number), the purport of the whole pleadings
2. The defendant, which judged that the lawsuit of this case is unlawful, because the period for filing the lawsuit of this case has expired.
According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision of non-recognition of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives such notification, and a person who has filed an objection shall file a lawsuit for cancellation within 90 days from the date he/she
The instant lawsuit is unlawful after the lapse of the period for filing a lawsuit, since it is apparent that the Plaintiff was filed on January 15, 2018 after the lapse of 90 days from July 28, 2017 when the Plaintiff received a notice of dismissal decision on the Plaintiff’s objection.
3. Thus, the lawsuit of this case is dismissed as unlawful.