beta
Text
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 March 31, 2004, the Plaintiff entered the Republic of Korea on March 31, 2004, and applied for refugee recognition to the Defendant on May 17, 2016.
B. On July 18, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On July 20, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on April 21, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On March 18, 2015, the Plaintiff visited the Republic of Korea on March 18, 2015, and around April 2015, the Plaintiff was subject to intimidation from an illegal organization called TMti M&C (hereinafter “TM”).
In the event that the plaintiff returns to his home country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful.
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 in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner applying for recognition of refugee has “an adequate fear” subject to such persecution.