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 June 25, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on July 4, 2016.

B. On July 27, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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. The Plaintiff filed an objection with the Minister of Justice on July 29, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion participated in a demonstration opposing the passage of the capital punishment law around September 2014, and many people were arrested at the police at the time.

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. Determination 1) “Refugee” refers to any act causing serious infringement of or discrimination against essential human dignity, including threats to life, religion, nationality, status as a member of a particular social group, or political opinion by fear that there are sufficient grounds for recognizing that he/she may be detrimental to the protection of the country of nationality, or who does not want to be protected, or any foreigner who, due to such fear, cannot return to the country in which he/she had resided before entering the Republic of Korea or who does not want to return to the country of his/her domicile (Article 2 subparag. 1. 2 of the Refugee Act). Such fear means “any act causing serious infringement of or discrimination against essential human dignity, such as threat to life, body, or freedom.”