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

A. On July 26, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 26, 2016, and applied for refugee status to the Defendant on September 19, 2016.

B. On October 20, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against 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 stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 네팔에서는 소수민족인 라이족, 림부족의 독립을 요구하는 반군단체인 쿰부완 국민전선(Khumbuwan Rashtriya Morcha)이 정치적 견해와 인종이 다른 자들에 대한 탄압과 테러를 자행하고 있고, 그와 관련한 조직인 KJMM(Khumbuwan Janajati Mukti Morcha)은 2015. 12.경부터 원고에게 기부금 상납을 강요협박하였다.

In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or 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.