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

A. On April 17, 2008, the Plaintiff, a national of Ghana, entered Korea for the first time and repeated entry into and departure from Korea on several occasions, and repeated.

1. 24. Short-term visit (C-3) entered the Republic of Korea with the status of stay (C-3) and applied for refugee recognition to the Defendant on March 31, 2016.

B. On April 5, 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 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 filed an objection with the Minister of Justice on May 25, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On April 2013, the Plaintiff’s assertion that the Plaintiff operated the business with B and the partnership, and the said partner was responsible for the Plaintiff, 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). However, even if the plaintiff's assertion is acknowledged, the threat of the plaintiff's threat is a race, religion, nationality, and specific social group.