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

A. On June 19, 2007, the Plaintiff filed an application for refugee status with the Defendant on December 11, 2015, after entering the Republic of Korea with the status of stay in the manufacturing industry (E9-1) on June 19, 2007.

B. On January 25, 2016, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on February 22, 2016, but was rendered a final decision dismissing the Plaintiff’s application on June 8, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, around 2010, while staying in the Republic of Korea, the Plaintiff supported the Plaintiff’s loan of money and valuables to the Plaintiff’s father, who was going out of the election of the members of the Republic of Korea, and that the abduction presumed to have been the other party candidate, sent a text message to the Plaintiff’s wife in the Philippines, or had a threat, such as the Plaintiff’s rocketing around the Plaintiff’s home, etc.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 subparagraph 1 of the Refugee Act).