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

Purport of claim and appeal

The first instance court.

A. On March 29, 2005, the Plaintiff, a foreigner of Vietnam’s nationality, entered the Republic of Korea as a non-professional (E-9) visa and continued to stay in Korea on March 3, 201 after the period of stay expires, and filed an application for refugee status with the Defendant on September 9, 2015.

B. On October 16, 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 of persecution” as a refugee requirement 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 filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on October 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff would be stuffed by the government or his/her family members, if the Plaintiff, who is the Plaintiff’s assertion of the Germany, return to Vietnam, which is a Buddhist state.

(b) Entry in the attached Form of relevant statutes;

C. Article 2 Subparag. 1 of the Refugee Act provides that “A refugee refers to a foreigner who is unable to be protected 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 specific social group, or political opinion.” The term “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom,” and thus, there is “a sufficient well-founded fear.”