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 April 24, 2004, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of the Republic of Austria, as a short-term visit (C-3) and applied for refugee status to the Defendant on November 6, 2015.

B. On December 11, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).

C. On January 15, 2016, the Plaintiff filed an objection with the Minister of Justice on January 15, 2016, but was rendered a final decision dismissing the Plaintiff’s application on May 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion was submitted by the Plaintiff as a member of a confidential local organization in the country of nationality, and the organization, which was put up by the Plaintiff, is an organization that kills and sacrifies people.

They demanded the plaintiff to succeed to the status of the South-North Korean plaintiff after his death, and the plaintiff refused it and threatened the plaintiff with his workplace and house.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who has resided in the Republic of Korea (hereinafter referred to as "member country") before entering the Republic of Korea due to such fear;