1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff, a national of the People’s Republic of China (hereinafter “China”), entered the Republic of Korea on September 18, 2016, and applied for refugee status on November 3, 2016.

B. On November 18, 2016, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion would be subject to 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”).

C. The Plaintiff filed an administrative appeal against the instant disposition on January 24, 2017, but the Central Administrative Appeals Commission dismissed the said appeal on May 25, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is likely to go back to China as the believers of “B church” (hereinafter “B”), and is likely to go back to China by the Chinese government.

Nevertheless, the disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice should recognize a foreigner as a refugee under the Refugee Convention if such a foreigner applies with respect to a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or does not want to return to, the country of nationality before entering the Republic of Korea.

At this time, the foreigner is entitled to receive.