1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 4, 2008, the Plaintiff entered Korea as a Chinese national and as a short-term visit (C-3) sojourn status (the expiration date of stay September 3, 2008), and applied for refugee status on May 4, 2016.

B. On May 26, 2016, the Defendant rendered a decision not to recognize refugee status (hereinafter “instant disposition”) on the grounds that the Defendant could not have sufficiently established a well-founded fear that the Plaintiff would be injured by gambling, and the Plaintiff was issued a written decision not to recognize refugee status on July 27, 2016.

C. On November 9, 2016, the Plaintiff filed the instant lawsuit seeking the revocation of the instant disposition.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on this safety defense

A. The instant lawsuit is unlawful as it was filed with the lapse of the filing period.

(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

(Article 20 of the Administrative Litigation Act). The fact that the Plaintiff was served with the written decision on the recognition of refugee status in this case on July 27, 2016 is recognized as above, and the fact that the instant lawsuit was filed in this court on November 9, 2016 is significant. Thus, the instant lawsuit is unlawful as it was filed in excess of 90 days, which is the filing period.

Therefore, the defendant's main defense is justified.

3. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.