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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, a foreigner of the Republic of India’s nationality, entered the Republic of Korea as a short-term visit (C-3) on September 12, 2006, and applied for refugee status to the Defendant on August 10, 2015.
B. On November 12, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter referred to as the instant disposition).
C. On December 4, 2015, the Plaintiff filed an objection with the Minister of Justice on December 4, 2015, but was rendered a decision dismissing the Plaintiff’s application on March 23, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. On May 13, 2006, the Plaintiff’s assertion was conducted as a member of a political party BHAT JPA PATRY party in a nationality country. On May 13, 2006, the other party was killed by intrusion upon the Plaintiff’s house and murdered on the knife’s arms.
As such, the disposition of this case, which was taken on a different premise, is unlawful, even though the Plaintiff was under an persecution for political reasons in the country of nationality.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. (1) Determination;