Litigation costs shall be borne by the plaintiff.

A. On December 15, 2016, the Plaintiff entered the Republic of Korea with the status of stay in short-term visits (C-3) on a short-term visit on December 15, 2016, and applied for refugee recognition to the Defendant on August 20, 2018.

B. On July 24, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as a requirement for refugee status 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 filed an objection against the instant disposition with the Minister of Justice on August 23, 2019, but was dismissed on August 20, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The key point of the Plaintiff’s assertion and the Plaintiff’s family members are party members of the Party B, and the Plaintiff had engaged in activities such as publicizing the party, and were threatened by police officers, who are party members C, to arrest the party members in the event they continue to engage in political party activities.

The plaintiff was allowed to enter the Republic of Korea to apply for refugee status by avoiding such threat, and the disposition of this case which did not recognize the status of refugee to the plaintiff is unlawful.

B. (1) Determination (1) The term “victim” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.

A foreigner who is not entitled to, or does not want to, the protection of a country of nationality due to well-founded fear of being determined by the person concerned, or a person without nationality who, by such fear, could not return to, or does not want to return to, the country in which he resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Civil Code). Here, “persecution” which is the requirement for recognition of the person in distress includes threats to life, body, or freedom.