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 June 21, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on June 21, 2016, and applied for refugee recognition to the Defendant on July 1, 2016.

B. On August 30, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on September 28, 2016, but the Minister of Justice dismissed the objection on February 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not.

According to Article 20 (1) of the Administrative Litigation Act, a revocation suit shall be instituted within 90 days from the date when the existence of a disposition is known, and where a request for administrative appeal is possible, the period at the time when the request for administrative appeal is filed shall be counted from the date when the original written

According to each of the instant evidence Nos. 1, 2, and 4, the Plaintiff filed an objection that constitutes an administrative appeal due to objection to the instant disposition, and received a notice of rejection of the objection on March 20, 2017. The fact that the Plaintiff filed the instant lawsuit on June 21, 2017 after the lapse of 90 days from the instant disposition is apparent in the record.

Therefore, the instant lawsuit is unlawful as it was filed after the period of filing the lawsuit expires.

3. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff's lawsuit of this case is unlawful.