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 February 14, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Chinese nationality, and applied for refugee status to the Defendant on February 24, 2017.

B. On March 29, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Plaintiff is likely to be stuffed by the country of origin as a person of Pakistan.

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

B. Determination 1) The term “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body, or freedom.” A foreigner applying for recognition of refugee status must prove that there is “a good-founded fear” subject to such persecution. Therefore, a person who enters Korea upon being arrested or detained and having been subject to punishment in China for recognition of refugee status and returned to China due to his/her related activities, who has a well-founded fear that if he/she returns to China, he/she is likely to be subject to persecution by the Government of China, or who has a well-founded fear that if he/she returns to China due to active and leading activities related to patriarche while staying in Korea and returned to China (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).