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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Considering the overall purport of the arguments in Gap evidence 1 and 2, the plaintiff filed an application for refugee status against the defendant on June 4, 2012, but on January 9, 2014, he/she notified the defendant of a disposition that the plaintiff cannot be recognized as a refugee, and on October 22, 2014, the plaintiff filed the lawsuit in this case on October 22, 2014, after the lapse of 90 days from the defendant.
Thus, the lawsuit of this case is unlawful as it was filed after the period of filing the lawsuit under Article 20 (1) of the Administrative Litigation Act has expired.
In this regard, the plaintiff asserts that the plaintiff could subsequently complete the filing of the suit in this case because he did not receive any notification about the procedure of objection, administrative appeal, administrative litigation, etc. at the time when he received a notice of decision on non-recognition of refugee status from the defendant (see Article 8(2) of the Administrative Litigation Act and Article 173(1) of the Civil Procedure Act).
However, since the Administrative Litigation Act does not provide for the effect due to the administrative agency’s notice of disposition or the non-notification of the period of filing an administrative litigation, it cannot be deemed that there is a reason that the Plaintiff could not be held responsible for neglecting the period of filing a lawsuit on the ground that the Defendant did not notify the Plaintiff at the time of disposition (see Supreme Court Decision 2007Du16875, Jun. 12, 2008). (2) According to the evidence No. 1, the Defendant’s notice of decision to recognize refugee status issued to the Plaintiff on January 9, 2014, “if there is an objection against the above disposition, it may file an objection with the Minister of Justice within 30 days from the date of receipt of this notice pursuant to Article 21(1) of the Refugee Act” and the English translation of the above disposition cannot be deemed to have been omitted.
The plaintiff may not be held liable for the failure to file the suit.