1. The plaintiff's claim is dismissed.

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

Details of the disposition

On April 4, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status as a Chinese national foreigner, and applied for refugee recognition to the Defendant on April 6, 2016.

On June 7, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 11, 2016, but the said objection was dismissed on October 27, 2016.

【Ground of recognition” without any dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the entire argument of this case as to the legitimacy of the disposition of this case, the plaintiff's assertion was released on April 2008 after being arrested in the official space around March 2005 and detained for about three years.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality, or who, due to such fear, are unable to return to the country of residence in the Republic of Korea before entering the Republic of Korea, or who does not want to return to the country of nationality, shall be recognized as a refugee, and "persecution," which is the requirement for recognition of a refugee, causes serious infringement of or discrimination against essential human dignity, including threats to life, body or liberty.