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 12, 2014, the Plaintiff filed an application for refugee status with the Defendant, as a foreigner of Egypt nationality.

B. On July 15, 2014, 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 of “a well-founded fear that would be subject to persecution” as a requirement of refugee 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 August 21, 2014, but the foregoing objection was dismissed on July 1, 2015, and the Plaintiff received a notice of dismissal decision on August 11, 2015.

On August 12, 2015, the Plaintiff filed a lawsuit seeking the revocation of the instant disposition with this Court 2015Gudan12178, and the said lawsuit was deemed to have been withdrawn on November 17, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap 1, Eul 1, Eul 2, 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 period for filing a lawsuit.

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 October 13, 2016 after the lapse of 90 days from August 11, 2015 when the Plaintiff received a notice of dismissal decision on the Plaintiff’s filing of objection.

The plaintiff argues to the effect that since the plaintiff who is unable to comply with the period due to a cause not attributable to the plaintiff, it should be recognized as a subsequent completion of procedural acts. However, the plaintiff filed a lawsuit.