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

A. On November 12, 2014, the Plaintiff, a Chinese national, entered the Republic of Korea with the Tourism Tong (B-2) sojourn status on November 12, 2014, and applied for refugee status to the Defendant on November 18, 2014.

B. On February 25, 2015, 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 Relating to the Status of Refugees.

C. The Plaintiff was notified of the instant disposition on March 6, 2015, and filed an objection with the Minister of Justice on April 2, 2015, but the said objection was dismissed on December 22, 2016.

[Reasons for Recognition] Facts without dispute, Gap 6, 7, 8 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff is a member of the full-time teaching bridge, and the Chinese government continues to engage in gambling, such as punishing the members of the full-time teaching bridge by applying suspicions, such as disturbing social order.

The Plaintiff’s mother and female son were arrested on the ground that they were engaged in religious activities of the former ridges around June 3, 1999, and the Plaintiff’s mother was arrested on the same ground and investigated around December 23, 2012, and paid a fine.

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. 1 The term “refugee” means 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 who does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear.