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 August 13, 2011, the Plaintiff entered the Republic of Korea with the tourism Tong (B-2) status on August 13, 2011, and applied for refugee status to the Defendant on May 28, 2015.

B. On October 15, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 17, 2015, but the said objection was dismissed on March 23, 2016, and the Plaintiff received a notice of dismissal decision on July 21, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, Eul 1, 4, 5, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The Defendant’s lawsuit on this case’s main defense is unlawful as it was filed after the lapse of the filing period.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

The instant lawsuit is unlawful in view of its record that it was filed on November 11, 2016 after the lapse of 90 days from July 21, 2016 when the Plaintiff received a notice of dismissal decision on the Plaintiff’s filing of objection.

The plaintiff argues to the purport that since the plaintiff who is unable to comply with the period due to a cause not attributable to the plaintiff, the plaintiff who is unable to make Korean language at all, should be recognized as a subsequent completion of procedural acts. However, the plaintiff who filed a lawsuit is obligated to confirm the progress of procedural acts, and is a foreigner.