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

A. The Plaintiff, a foreigner of Sri Lankan nationality, entered the Republic of Korea with the status of stay in the manufacturing industry (E9-1) on November 16, 2010, and applied for refugee recognition to the Defendant on October 12, 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 February 15, 2016, but was rendered a final decision dismissing the Plaintiff’s application on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was elected as a village representative as a member of the Sri Lankan Free Party (SLFP) and carried out an election campaign in 2010 for the presidential election campaign. At the time, the Plaintiff was under threat and assault from the perspective of the Uniform National Party (UNFCCC), a opposing force, and during the presidential election period in 2015, UNP members prevented the Plaintiff’s house, etc.

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 subparagraph 1 of the Refugee Act). All of the evidence and arguments mentioned above shall be admitted.