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 April 17, 2014, the Plaintiff filed an application for refugee status with the Defendant on November 16, 2015, after entering the Republic of Korea with the status of general visa (B2-1) sojourn on April 17, 2014.

B. On December 23, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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 Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 30, 2015, but rendered a decision dismissing the Plaintiff’s application on December 22, 2016. D.

On January 4, 2017, the Plaintiff received directly a notice of dismissal of the said objection.

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

2. 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 not to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she is notified of the decision not to recognize refugee status; and a person who has filed an objection shall file a revocation suit within 90 days from the date he/she received a notice

According to the purport of the above facts and the entire pleadings, the Plaintiff filed the instant lawsuit on December 19, 2017, 90 days after receipt of the notice of dismissal of the said written objection on January 4, 2017 following the filing of an objection to the instant disposition, and thus, the instant lawsuit was unlawful since it was filed after the lapse of the filing period.

As to this, the plaintiff asserts that the plaintiff did not know about the appeal procedure relating to the application for refugee status, and later filed the lawsuit of this case late.

Article 173(1) of the Civil Procedure Act, which applies mutatis mutandis to an administrative litigation pursuant to Article 8(2) of the Administrative Litigation Act.