1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. The Plaintiff, who is a national of the Democratic Republic of Congo, attempted to enter the Republic of Korea using a forged passport on March 2, 2015, and was discovered, filed an application for refugee status with the Defendant.

B. On May 31, 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 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. On June 17, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on July 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 5-1 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he/she was deprived of his/her superior’s order to kill “B” who was working as a soldier in the country of nationality, while serving as a soldier in the country of nationality.

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) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is not a national who, due to such fear, cannot return to the country in which he/she had resided before entering the Republic of Korea or does not want to return to the country in which he/she had resided (Article 2 Subparag. 1). 2 of the Refugee Act), which serves as the requirement for the recognition of refugee status, causes serious infringement of, or discrimination against, inherent human dignity, including threats to life, body or freedom.