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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 April 22, 2017 as a foreigner of the nationality of the Republic of India (hereinafter “ India”). The Plaintiff entered the Republic of Korea on a short-term visit (C-3).
B. On June 19, 2017, the Plaintiff filed an application with the Defendant for recognition of refugee status. On June 25, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “the well-founded fear that would be prejudicial to gambling” as stipulated in Article 1 of the Convention on the Status of Refugees (the Convention 1951 Convention, hereinafter “Refugee”) and Article 1 of the Protocol on the Status of Refugees (the “Refugee Protocol”).
C. On July 24, 2018, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the instant disposition on October 18, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was to illegally occupy the land owned by the Plaintiff’s family member, and to avoid the threat of life by threatening the Plaintiff, and to enter the Republic of Korea.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even if there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Minister of Justice shall be unable to be protected of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or shall be a country of nationality.