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

A. On March 15, 2016, the Plaintiff filed an application for refugee status with the Defendant on March 28, 2016, after entering the Republic of Korea with the status of stay for general visa entry (B2-1) on March 15, 2016.

B. On April 11, 2016, the Defendant rendered a decision on the 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 for refugee status 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 April 22, 2016, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.

[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’s assertion made a theft of clothes and precious metal on the clothes in which the Plaintiff’s assertion was operated, and the wholesaler who sold the clothes in which the Plaintiff’s assertion was stolen and lost its property did not pay the clothes value at that time and threatened the Plaintiff.

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 Subparag. 1 of the Refugee Act). Comprehensively considering the aforementioned evidence and the overall purport of oral proceedings, the following circumstances are considered to be considered: