1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff, as a person of Indian nationality, entered the Republic of Korea on October 14, 2007, and applied for refugee status to the Defendant on November 24, 2015.

B. On January 5, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On February 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 9, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion: (a) murdered and threatened a person in the event of refusal by the Allied Epina Cable, a separate independent strike organization of the Apiam regional, upon demanding the joining of an organization; (b) was committed by the Plaintiff’s father and the 3rd Epina Cable on the ground that the Plaintiff’s father and the 3rd Epina Cable were refused to take part in the organization; and (c) was threatened on the ground that the Plaintiff reported this to the police.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. 1) The term “refugee” means 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, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 subparag. 1.2 of the Refugee Act).