1. The instant lawsuit shall be dismissed.

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

Details of the disposition

On July 14, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit on July 14, 2013, and applied for refugee recognition to the Defendant on November 18, 2015.

On February 15, 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 well-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 March 21, 2016, but the said objection was dismissed on October 27, 2016.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 3, Eul's evidence Nos. 1, 2, and 3, and the defendant's defense of judgment as to the defense prior to the merits of the whole purport of the pleading, the defendant's defense that the disposition of this case was revoked is unlawful because the lawsuit of this case was filed after the period for filing the lawsuit

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 Articles 3 and 4, return to the instant case, health class, and health class B, the Plaintiff filed an objection constituting an administrative appeal due to an objection to the instant disposition, and the notification of the decision of rejection of the objection was received on February 25, 2016. The fact that the Plaintiff filed the instant lawsuit on February 17, 2017 after the lapse of 90 days from the instant case is apparent in the record. Accordingly, the instant lawsuit was filed after the expiration of the period for filing the lawsuit, and is unlawful.2) The Plaintiff failed to observe the period for filing the lawsuit because the Plaintiff was unaware of the Korean language or English language.