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

A. On January 23, 2017, the Plaintiff, Chinese nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and applied for refugee status to the Defendant on February 7, 2017.

B. On February 27, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 21, 2017, but the administrative appeal was dismissed on October 11, 2017, and the Plaintiff received a written adjudication around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 4, Eul evidence 2, 3, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a person with full-time personality, and there is a risk of being punished by the Chinese government on the ground that he/she participated in full-time personality activities when he/she returns to China.

Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.

B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.

At this time, the term "persecution" to be received by the foreigner includes a threat to life, body or freedom.