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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. On July 19, 201, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on July 19, 201, and applied for refugee recognition to the Defendant on May 13, 2016.
B. On October 27, 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 to the Plaintiff 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.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was demanded from around 2000 to pay the donations from Dalit M&C (hereinafter “DM”).
Around December 2003, 2003, 10 members of DoM 10 were to find the Plaintiff's aromatic house and to demand the payment of contributions to the rural community development activities, and to make intimidation and assault, and the Plaintiff moved to other areas to avoid this.
The above assistant staff find the plaintiff's family and forced to escape cash and livestock, and threaten the family continuously.
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, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.