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 was born in the Republic of Korea between the father B and the mother C of the DNA nationality of the Republic of Austria (Federia, hereinafter referred to as “Naria”) as a foreigner of the nationality of the Republic of Austria.

B. On March 7, 2019, the Plaintiff filed an application for refugee status with the Defendant, but on March 20, 2019, the Defendant rendered a disposition for refugee status not to grant refugee status (hereinafter “instant disposition”) to the Plaintiff on March 20, 2019 on the ground that it is difficult to recognize “the well-founded fear that there is a possibility of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees.

C. On March 29, 2019, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s parent’s status as a refugee is recognized, the status of a refugee should also be recognized to the Plaintiff, who is his/her child, in accordance with the family-combined principle.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

As such, the Plaintiff’s assertion can be seen as citing it.

In addition, in this case, the plaintiff does not assert its own reason for recognition of refugee status.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a particular social group is unable to obtain the protection of his/her country of nationality due to well-founded fear that he/she may be disadvantaged on the ground of his/her race, religion, nationality, status as a member of a particular social group, or political opinion.