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 August 27, 2008, the Plaintiff, a national of the People's Republic of China (hereinafter referred to as "China"), entered the Republic of Korea as a short-term sojourn status (C-2) and obtained permission for extension of the first sojourn period on one occasion after the lapse of the expiration of the sojourn period ( November 25, 2008), and was illegally staying in the Republic of Korea on several occasions and received permission for extension of the sojourn period on several occasions. However, upon expiration of the expiration of the sojourn period ( September 29, 201), the Plaintiff filed an application for refugee status with the Defendant on September 14, 2015 while illegally staying in the Republic of Korea.

B. On September 25, 2015, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to gambling, which is a requirement for refugee status.

C. On October 14, 2015, the Plaintiff filed an objection with the Minister of Justice on October 14, 2015, but the objection was dismissed on May 31, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 3, Eul evidence 3 and 4, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was confiscated by the Islamic armed forces in China, and thereafter, the plaintiff was forced to go back to the Republic of Korea by intimidation demanding the price of swords from Islamic armed forces, and the plaintiff's return to China is likely to be harmful to Islamic armed forces. Thus, the disposition of this case that rejected the plaintiff's application for refugee status is unlawful.

(b) The definitions of terms used in this Act under relevant Acts and subordinate statutes shall be as follows:

1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear.