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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The issues of the instant case and the judgment of the court of first instance
A. On October 21, 2013, the Plaintiff of the key issue in the instant case applied for refugee status to the Defendant, but on April 14, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as the grounds for “not being able to be protected by the country of nationality due to fear of sufficient grounds to recognize that he/she could be injured” under Article 2 Subparag. 1 of the Refugee Act.
The key issue of this case is whether the Plaintiff is a refugee under Article 2 (1) of the Refugee Act.
B. The first instance court’s decision 1) Article 2 subparag. 1 of the Refugee Act provides that “Refugee” means a foreigner who cannot be protected or does not want to be protected by the country of nationality due to well-founded fear to recognize 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, due to such fear, cannot return to the country of nationality or does not want to return to the country in which he/she resided in the Republic of Korea before entering the Republic of Korea.” In full view of the following circumstances revealed by adding the whole arguments to the evidence mentioned above and the statements mentioned in Articles 3 and 4 as well as Eul’s evidence, the result of the Plaintiff’s newspaper cannot be deemed to be in a state in which the Plaintiff cannot be protected by the country of nationality due to a well-founded fear of persecution on the grounds of a political opinion. Thus, the disposition rejecting the Plaintiff’s application for recognition of refugee status is legitimate.
① On June 10, 2013, after the Plaintiff became an aggregate of PLN, the grounds for recognition of refugee status alleged by the Plaintiff were requested from the members of PLN for USD 10,000, and the refusal thereof would threaten the Plaintiff’s life.