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 March 4, 2009, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on March 4, 2009, and applied for refugee status to the Defendant on June 10, 2015.

B. On August 21, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. As to this, the Plaintiff filed an objection with the Minister of Justice on October 14, 2015, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion had been arrested as suspicion that the plaintiff sold stolen vehicles around September 2008.

The plaintiff was detained for three days, paid a security deposit for bail and was released to cooperate in the police investigation in good faith. However, once again arrested for the same reason, the plaintiff was born to the Republic of Korea regardless of his country of origin in fear that it would be subject to criminal punishment in his country of origin.

In the event that the Plaintiff’s return to his home country is likely to be harmful to gambling for the foregoing reasons, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, must be recognized as a refugee.