1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 27, 2012, the Plaintiff, a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “Naria”), entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and stayed with a change of sojourn status for general training (D-4) on January 30, 2013, and filed an application for refugee status with the Defendant on January 7, 2014, prior to the expiration date of the period of stay ( January 20, 2014).

B. On October 23, 2014, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was born in the village B located in Naba Bende area.

The father of the plaintiff was engaged in the garment sales business in Abasi as well as the plaintiff's three villages, but the plaintiff was expected to receive the business of his father.

However, following the Plaintiff’s father’s death on December 15, 201, the Plaintiff’s third village committed physical attack and intimidation on three occasions in total, such as denying a partnership with the Plaintiff and compelling the Plaintiff to exercise all of his/her business authority. From January 2012 to November 2012, 201, the Plaintiff’s third village committed physical attack and intimidation on three occasions, such as saving the Plaintiff with a deadly weapon or employing a person in a third village office, and collectively saving the Plaintiff at the parking lot. Accordingly, the Plaintiff was faced with the threat of murder by avoiding the possible murder.

Therefore, the Plaintiff constitutes a refugee who is highly likely to pose a threat to the concealment of trees from a social group consisting of the Plaintiff’s three villages at the time of returning to Korea and his/her employees.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) relevant legislation;