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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasons why the court of the first instance cited this case are stated in the reasoning of the first instance judgment, except for an additional determination as to the Plaintiff’s assertion that is newly established in the court of the first instance under paragraph (2) below, and thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The plaintiff asserts to the effect that there was a justifiable reason for failing to observe the period of filing the lawsuit, since the plaintiff filed the lawsuit in this case 90 days after he received a notice of dismissal decision from the Minister of Justice. However, since the plaintiff was not well aware of the Korean language and writing, he did not know the period of filing the lawsuit.
In this case, a notice tool for the filing period is written in Korean and English, and the plaintiff does not use Korean language in the mother language.
However, in light of the fact that the notification tool of the period of filing an objection and the period of filing an objection filed by the Plaintiff received the instant disposition (Evidence A No. 1) in Korean and English, and that even if the Plaintiff was unaware of Korean language, if he did not look at the contents of the document served by himself on June 2, 2017, he/she would have sufficiently complied with the period of filing a lawsuit because he/she could have known the fact that the document would have been dismissed within 90 days from the date of receipt of the notice of rejection of the Plaintiff’s objection against the disposition of non-recognition of refugee status, and could have sufficiently complied with the period of filing a lawsuit, it is difficult to recognize that the above circumstance incurred by the Plaintiff that the Plaintiff failed
Therefore, the plaintiff's above assertion is not accepted.
3. Accordingly, the judgment of the court of first instance which rejected the instant lawsuit is legitimate, and the Plaintiff’s appeal is justifiable.