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

A. On February 25, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit on February 25, 2016, and filed an application for refugee status with the Defendant on March 9, 2016, prior to the expiration of the period of stay ( March 11, 2016).

B. On March 14, 2016, 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 the Plaintiff would be subject to persecution” as prescribed by 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] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 4-1, 2, Eul evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made around October 2015, and the Plaintiff, while making a match, led the Plaintiff to mistake the children of the head of the family in the village as animals, and the children of the head of the family died at that family.

In the wind of the village residents to inform the village head of the village, the village head and the village users have passed away to the plaintiff to kill the plaintiff, and the plaintiff escaped.

Therefore, 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) Nos. 3 and 10