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 April 18, 2001, the Plaintiff entered the Republic of Korea with the status of stay for technical training (D-3) on April 18, 201, and applied for refugee recognition to the Defendant on November 23, 2015.

B. On January 14, 2016, the Defendant rendered a decision of non-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 of persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on January 25, 2016, but was rendered a final decision dismissing the Plaintiff’s application on June 8, 2017.

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

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) in the Philippines that visited the Plaintiff on a leave of absence in 2011, the Plaintiff was threatened by murder from the presumed persons to be under the opposite wave, and (b) around April 2016, the Plaintiff was killed of the Plaintiff’s private relationship that led to the said election.

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). The aforementioned evidence and the purport of the whole pleadings are as follows.