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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on February 10, 2016, and applied for refugee status to the Defendant on February 15, 2016.
B. On February 29, 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.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on March 11, 2016, but the Minister of Justice dismissed it on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was a member of the local rate, and the Plaintiff died in 2012, and the member forced the Plaintiff to join the local rate.
The plaintiff was confined for 7 days from the persons who joined the above organization, and when visiting the high-speed village around 2015, the members of the local council were unable to attitude the plaintiff's house in the high-speed village.
For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, does not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.