1. The instant lawsuit shall be dismissed.

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

1. Details of disposition;

A. On July 13, 2014, the Plaintiff, a foreigner of the nationality of the Republic of India, entered the Republic of Korea for a short-term visit (90 days of stay) on a short-term basis, and applied for refugee status to the Defendant on October 13, 2014.

B. On December 31, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that he would be subject to persecution, which is 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 appealed and filed an objection with the Minister of Justice on January 15, 2016. However, the Plaintiff’s objection was dismissed on September 9, 2016, and the notice of rejection of the objection was served on the Plaintiff on September 22, 2016.

Meanwhile, the Plaintiff, who is dissatisfied with the instant disposition, filed a lawsuit seeking the revocation of the instant disposition under this Court 2016Gudan1151 on November 22, 2016, but was absent on two occasions on May 9, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1, 2, and 3, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the defendant's assertion that the plaintiff sought revocation of the disposition of this case, the defendant asserts that the lawsuit of this case is unlawful as a lawsuit brought after the lapse of the period for filing the lawsuit.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(1) Article 20(1) of the Administrative Litigation Act provides that the Plaintiff shall file an objection that constitutes an administrative appeal on September 22, 2016 after the Plaintiff filed an objection against the instant disposition and then received a notice of decision on dismissal of the objection on September 22, 2016. It is apparent that the instant lawsuit was filed on June 21, 2017 after the lapse of 90 days from the said lawsuit.

Therefore, it is true.