1. The plaintiff's claim is dismissed.

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

Details of the disposition

On August 10, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 10, 2016, and applied for refugee status to the Defendant on September 22, 2016.

On October 21, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 29, 2016, but the said objection was dismissed on July 18, 2017.

【In the absence of any dispute, the Plaintiff joined a youth organization in B around 2010, as to whether the disposition of this case is legitimate or not, and the Plaintiff took charge of the vice-chairperson in B’s region. In 2010, the Plaintiff joined a youth organization and took charge of the vice-chairperson.

On May 3, 2016, there was a group of student groups in Awam Agama in a region where the Plaintiff was residing, but at that time, one of the students who suffered fightings between Awam and Liga and BNP party members died.

At the time, the plaintiff was not at the site, but was accused of murder on May 3, 2016. On July 13, 2016, the arrest warrant was issued and the trial is in progress.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality can be obtained due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.