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

(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Entry into China - Entry into China on August 25, 2017 (Status of Sojourn C3): Application for recognition of refugee: October 19, 2017

B. Defendant’s decision on the recognition of refugee status as of November 22, 2017 (hereinafter “instant disposition”): The reason does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Da1548, Nov. 22, 2017)

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was conducted from around 2010 to the Plaintiff’s activity of training B and distributing the leaflets to promote B, and thereby, was arrested several times with the Chinese government.

In the event that the plaintiff returned to China, there is a sufficient risk of persecution, which constitutes a underlying fear.

Therefore, the instant disposition is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or who, owing to such fear, are unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination against, fundamental human dignity, including threats to life, body, or freedom. A foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).