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

A. On October 15, 2015, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Austria, as a short-term visit (C-3) on a short-term basis, and applied for refugee status to the Defendant on October 26, 2015.

B. On December 11, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On January 8, 2016, the Plaintiff filed an objection with the Minister of Justice on January 8, 2016, but the decision was rendered to dismiss the Plaintiff’s application on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. On June 23, 2015, the Plaintiff’s assertion received a request from a member of a confidential organization to join and succeed to the status of reference after the death of the leader of an illegal confidential organization. The Plaintiff rejected such request, which was the Plaintiff’s refusal, destroyed the warehouse owned by the Plaintiff on August 2015, stolen goods located therein, and led the Plaintiff to total attack.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear;