1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On September 3, 2015, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) on September 3, 2015, and applied for refugee recognition to the Defendant on September 13, 2016.

B. On June 30, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. As to the instant disposition, the Plaintiff filed an objection with the Minister of Justice on July 17, 2017, but was dismissed on March 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 4, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Since the Plaintiff filed the instant lawsuit after the lapse of 90 days from the date on which he received a notice of the decision to dismiss the objection from the Minister of Justice, the instant lawsuit was unlawful as it was filed after the lapse of the period for filing the lawsuit.

B. One decision-1, and Article 20 (1) of the Administrative Litigation Act provides that "a revocation lawsuit shall be instituted within 90 days from the date on which the person becomes aware of the disposition, etc.: Provided, That where the proviso of Article 18 (1) is provided or any other request for administrative appeal may be filed, or where an administrative agency has mistakenly notified that a request for administrative appeal may be filed, the period shall be calculated from the date on which the original copy of the written ruling is served." Article 18 (1) provides that "the period under paragraph (1) shall be the peremptory term."

However, in full view of the description of the evidence No. 3 and the purport of the entire pleadings, the Plaintiff received a notice of the decision to dismiss the objection by March 21, 2018 from the Minister of Justice on May 14, 2018, and thereafter the Plaintiff received a notice of the decision to dismiss the objection.