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 February 18, 2016, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Republic of Austria, as a general official (C-3) qualification, and applied for refugee status to the Defendant on February 29, 2016.

B. On April 20, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).

C. On May 12, 2016, the Plaintiff filed an objection with the Minister of Justice on May 12, 2016, but the decision was rendered to dismiss the Plaintiff’s application on September 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion was made by the plaintiff in a country of nationality, and after the plaintiff died in 2005, the villagers are forced to resume their positions to the plaintiff.

The plaintiff refused to accept the plaintiff as a dysianian, and the villagers are threatening to kill the plaintiff if they did not succeed to the plaintiff's position after finding the plaintiff.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.

(b) The definitions of terms used in this Act shall be as follows:

1. The term “refugee” shall return to a foreigner who is unable or does not wish to be protected by the country of nationality due to well-founded fear that he/she may be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, or to a country in which such fear has resided before entering the Republic of Korea (hereinafter referred to as “or a country in which he/she resided”);