1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the court of first instance as follows. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

According to the third judgment of the first instance court, “gambling” means “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or liberty.” A foreigner applying for refugee status must prove that there is “a good-founded fear of harm.” Therefore, in order for a trainee to be recognized as a refugee, he/she is a person who has a well-founded fear of harm from the Chinese government to be arrested or detained and entered the Republic of Korea for the same gambling as that subject to punishment in China, and who returned to China from the Chinese government, or a person who has an active and leading act related to the Rose of Sharon while staying in Korea to be considered as a refugee, and who has a sufficiently-founded fear of harm from the Chinese government from the Chinese government to the Chinese government, if returned to China, should be considered as a person who has sufficient fear of harm from the Chinese government (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013).

institution; or

2. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.