1. The instant lawsuit shall be dismissed.

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

Details of the disposition

On August 17, 2015, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on August 17, 2015, and applied for refugee recognition to the Defendant on March 29, 2016.

On June 3, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 28, 2016, but the said objection was dismissed on October 27, 2016.

【The Defendant’s defense that the Plaintiff sought revocation of the instant disposition against the defense prior to the merits of the entire pleadings, which did not have any dispute, as to the fact that there was no dispute, Gap’s evidence Nos. 1 through 4, and Eul’s evidence No. 1, and the entire purport of the pleading, the Defendant asserts that the instant lawsuit was instituted after the lapse

Judgment

1) According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date when the disposition is known, and in a case where a request for administrative appeal is possible, the above period shall begin from the date when the original copy of the written adjudication is served. According to each of the statements in evidence Nos. 1, 4, and 2, the Plaintiff filed an objection that constitutes an administrative appeal due to objection to the instant disposition, and the notification of the decision of rejection of the objection was received on December 27, 2016. The fact that the Plaintiff filed the instant lawsuit on June 21, 2017 after the lapse of 90 days from the date when the Plaintiff became aware of the period for filing the lawsuit. Accordingly, it is unlawful since the instant lawsuit was filed after the expiration of the period for filing the lawsuit, the Plaintiff was unable to observe the period for filing the lawsuit because the Plaintiff was unaware of the Korean language.