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 August 5, 2017, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a short-term visit (C-3) on a short-term basis, and on September 4, 2017, filed an application for refugee status with the Defendant for the payment of money from the armed abduction in this country.

B. On September 4, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently based fear that she would suffer from 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. The Plaintiff filed an objection with the Minister of Justice on September 28, 2017, but the said objection was dismissed on November 29, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 4, purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

The Plaintiff filed an objection with the Minister of Justice on September 28, 2017, which was within 30 days from the date the Plaintiff received a notice of non-recognition of refugee status on September 4, 2017. However, on November 29, 2018, the Plaintiff’s notice of dismissal of the objection was dismissed, and the Plaintiff received on December 10, 2018, without dispute between the parties, and it is apparent that the Plaintiff filed the instant lawsuit on April 2, 2019 after the lapse of 90 days from the said date. As such, the instant lawsuit was filed after the lapse of the period for filing the lawsuit, and is unlawful.

3. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.