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 May 17, 201, the Plaintiff, a Vietnam national, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on May 17, 201, and applied for refugee recognition to the Defendant on April 7, 2016.

B. On April 22, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 20, 2016, but the said objection was dismissed on the same ground as October 11, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1, 2 and 3 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 2010, the Plaintiff asserted that the Plaintiff had a woman within her husband’s husband’s family relation with the appearance of her husband, which led to a miscarriage of her husband during the marriage. Accordingly, the Plaintiff’s omission of her husband and her female threatens the Plaintiff.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country 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 a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.

(Article 2 Subparag. 1 of the Refugee Act). However, even if the plaintiff's assertion is acknowledged, the threat of the plaintiff's threat is a race, religion, nationality, and specific social group.