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 September 25, 2016, the Plaintiff entered the Republic of Korea on September 25, 2016, and applied for refugee recognition to the Defendant on October 24, 2016.

B. On December 22, 2016, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff 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.

C. On January 6, 2017, the Plaintiff filed an objection with the Minister of Justice on January 6, 2017, but the objection was dismissed on October 11, 2017.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff joined the independence movement organization C of B, which is a member of the Republic of Korea seeking to be separated from Austria, and for independence, and was engaged in active activities, and thus is at the risk of being threatened by the Ageia government.

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

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against the essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee should prove that there is “a good-founded fear.”