1. The plaintiff's claim is dismissed.

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

1. The plaintiff of this case is a Austrian nationality foreigner.

On August 11, 2015, the Plaintiff applied for refugee status to the Defendant.

On December 9, 2015, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.

(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

가. 원고 주장 남편이 자동차 사고로 사망한 후 시댁 가족들이 남편 죽음이 원고 때문이라면서 원고를 위협하였으므로, 이 사건 처분은 위법하다.

B. The term “refugee” refers to a foreigner who is unable 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 particular social group, or political opinion, or a stateless foreigner 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.

(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.

(see, e.g., Supreme Court Decisions 2013Du14269, Mar. 10, 2016; 2012Du14378, Apr. 25, 2013). In cases where the Plaintiff returned to a country of nationality, there is no evidence to deem that there is a well-founded fear of persecution for reasons of race, religion, nationality, status as a member of a specific social group, or political opinion.

원고가 내세운 시댁 가족들의 위협은 주장 그 자체로 인종, 종교, 국적, 특정...