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 May 4, 2016, the Plaintiff filed an application with the Defendant for recognition of refugee status with the Russian nationality.

B. On August 22, 2016, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On September 12, 2016, the Plaintiff filed an objection with the Minister of Justice on September 12, 2016, but the said objection was dismissed on December 22, 2016.

[Grounds for recognition] The descriptions of Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. Determination on this safety defense

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

B. Determination 1) According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision not to recognize refugee status shall file an objection with the Minister of Justice within 30 days from the date he/she received the notification, or file a lawsuit for cancellation within 90 days from the date he/she became aware of such disposition. 2) However, according to each of Gap evidence 2 and Eul evidence 4-2, it is recognized that the plaintiff received a notice of rejection of the objection on January 5, 2017, and it is apparent that the plaintiff filed the lawsuit of this case on July 5, 2017 after the lapse of 90 days thereafter, and thus, the lawsuit of this case is unlawful as it was filed with the lapse of the period of filing

3. On this ground, the Plaintiff filed a lawsuit seeking the revocation of the instant disposition under the Seoul Administrative Court 2017Gudan1035, but the Plaintiff was absent three times on the date of pleading on the wind that the Plaintiff did not understand the Korean language properly and did not know the system of recommending withdrawal. Accordingly, the said lawsuit was withdrawn, and thus, the said lawsuit was filed again. Accordingly, the period of filing the lawsuit can be observed due to any cause not attributable to the party.