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

A. On April 22, 2015, the Plaintiff, a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “ASEAN”), entered the Republic of Korea for short-term visits (C-3) and stayed, and applied for refugee status to the Defendant on May 7, 2015, prior to the expiration of the period of stay ( July 21, 2015).

B. On June 15, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be detrimental to a person’s status” as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The father and his family, who are the president of the ancestor worship of the Plaintiff’s assertion in Naria, wanted to worship the deceased, but attempted to harm and die the Plaintiff as the Plaintiff refused. As such, the Plaintiff constitutes a refugee.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(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 grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. The evidence submitted by the Plaintiff is examined in light of the following circumstances, which are acknowledged by comprehensively taking account of the descriptions of No. 4 B and the purport of the entire pleadings.