1. The plaintiff's claim is dismissed.

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

1. On July 15, 2016, the Plaintiff filed an application for refugee status with the Defendant on August 17, 2016, when he/she entered the Republic of China (hereinafter referred to as “China”), as a foreigner of nationality in the People’s Republic of China (hereinafter referred to as “China”).

On September 29, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “each of the dispositions of this case”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

On September 30, 2016, the Plaintiff filed an objection with the Minister of Justice on September 30, 2016, but was dismissed on April 21, 2017.

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

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is likely to harm the Chinese public security authority after being mistaken for the Plaintiff as the trainee of the Pakistan.

B. In full view of the provisions of subparagraph 1 of Article 2 of the former Refugee Act, Article 18 of the Refugee Convention, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who are unable or do not want to return to the country of nationality. The term “persecution” which is the requirement for recognition of refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body or freedom,” and a foreigner who makes an application for recognition of refugee.