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 August 9, 2016, the Plaintiff entered the Republic of Korea with a short-term general (C-3) stay status on a short-term date on August 9, 2016, and applied for refugee status to the Defendant on August 22, 2016.

B. On October 10, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was the Plaintiff’s family representative residing in the village B of the Kamere-si, and around 2012, the Plaintiff was the Plaintiff’s heir and died, and the community resident succeeded to the Plaintiff’s status as the family representative and demanded marriage with the wife of the Plaintiff according to the village tradition.

However, the plaintiff refused the above demand on the ground that he could not be married to his wife as a sleep, and the village people did not follow the tradition and threatened the plaintiff with the intention of killing 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. 1) The term “refugee” means 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 harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, could not return to, or does not want to return to, a country in which he/she resided before entering the Republic of Korea (the Refugee Act).