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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of disposition;
A. On October 7, 2009, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a non-professional employment status on October 7, 2009, and applied for refugee status to the Defendant on January 19, 2015.
B. On February 11, 2015, the Defendant issued a notification of refugee non-recognition (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no “a well-founded fear of persecution,” which is a requirement for refugee status as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.”
C. The Plaintiff appealed and filed an objection with the Minister of Justice. However, on September 24, 2015, the application was dismissed, and the notice of dismissal was served on the Plaintiff on October 12, 2015.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings
2. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit.
A revocation lawsuit shall be instituted within 90 days from the date on which the existence of disposition, etc. is known, and in cases of going through an administrative appeal, the original copy of a written adjudication shall be filed within 90 days from the
(Article 20(1) of the Administrative Litigation Act. The fact that the Plaintiff received a notice of decision to dismiss an objection against the instant disposition filed with the Minister of Justice on October 12, 2015 is as seen earlier. It is evident that the instant lawsuit was filed on October 4, 2016 after the lapse of 90 days from the lawsuit.
Therefore, the instant lawsuit is unlawful as it was filed after the lapse of the time limit for filing the lawsuit under Article 20(1) of the Administrative Litigation Act.
Therefore, the defendant's defense prior to the merits is justified.
3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.