1. The instant lawsuit shall be dismissed.

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

Details of the disposition

On December 27, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status as a Chinese national foreigner, and applied for refugee status to the Defendant on December 28, 2015.

On January 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 February 18, 2016, but the said objection was dismissed on June 8, 2017.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 3, Eul's evidence Nos. 1, 2, and 7, 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prior to the merits of the whole purport of the pleading, the defendant's defense that the disposition of this case was revoked is unlawful because the lawsuit of this case was filed after the period for filing the lawsuit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 suit shall be instituted within 90 days from the date when the existence of a disposition is known, and in case 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

According to the statements in the Evidence Nos. 1, 1, 4, 5, and 7 returned to the instant case, the Plaintiff filed an objection that constitutes an administrative appeal due to an objection to the instant disposition, and received a notice of the decision to dismiss the objection on June 30, 2017. The fact that the Plaintiff filed the instant lawsuit on September 29, 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.

In conclusion, the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.