1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On September 9, 2016, the Plaintiff filed an application with the Defendant for refugee status recognition on the grounds that the Plaintiff cannot be deemed to have “a sufficiently-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) on December 30, 2016.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2, 4 and 5, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff had been stuffed by his/her own activities in China, and is likely to also be stuffed by the government when he/she return to China.

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

(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 grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. 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, the protection of the country of nationality cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.