1. The instant lawsuit shall be dismissed.

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

1. Details of disposition;

A. On October 29, 2015, the Plaintiff, a foreigner of the nationality of the Federal Republic of Russia, entered and stayed in the Republic of Korea as the status of stay exempt from visa, and applied for refugee status to the Defendant on November 12, 2015.

B. On July 14, 2016, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees,” which is a requirement for refugee status.

C. The Plaintiff appealed and filed an objection with the Minister of Justice on July 18, 2016, but the objection was dismissed on December 22, 2016, and the notice of the decision to dismiss the objection was served on the Plaintiff on December 26, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the defendant's assertion that the plaintiff sought revocation of the disposition of this case, the defendant asserts that the lawsuit of this case is unlawful as a lawsuit brought after the lapse of the period for filing the lawsuit.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(Article 20(1) of the Administrative Litigation Act. The fact that the Plaintiff received a notice of dismissal decision on the instant disposition on December 26, 2016 is clearly recorded that the instant lawsuit was filed on May 11, 2017 after the lapse of 90 days from the said date.

Therefore, the lawsuit of this case is illegal since it was filed after the lapse of the time limit for filing the lawsuit under Article 20 (1) of the Administrative Litigation Act, and the defendant's prior defense on the merits is reasonable.

3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices on the bench.