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 9, 2016, the Plaintiff entered the Republic of Korea with tourism transit (B-2) status on September 9, 2016, and applied for refugee recognition to the Defendant on September 21, 2016.

B. On October 15, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion to the Plaintiff does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on November 15, 2016, but the Minister of Justice dismissed the objection on February 24, 2017.

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

2. As to the Plaintiff’s petitioning for the revocation of the instant disposition, the Defendant asserted that the instant lawsuit was unlawful as it was filed after the lapse of the period for filing the lawsuit.

According to Article 20 (1) of the Administrative Litigation Act, a revocation suit shall be instituted within 90 days from the date when the existence of a disposition is known, and where a request for administrative appeal is possible, the period at the time when the request for administrative appeal is filed shall be counted from the date when the original written

According to each of the instant evidence Nos. 1, 2, and 3, the Plaintiff filed an objection that constitutes an administrative appeal due to objection to the instant disposition, and received a notice of rejection of the objection on March 15, 2017. The fact that the Plaintiff filed the instant lawsuit on June 14, 2017 after the lapse of 90 days from the instant disposition is apparent in the record.

Therefore, the instant lawsuit is unlawful as it was filed after the period of filing the lawsuit expires.

3. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff's lawsuit of this case is unlawful.