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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 October 14, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on October 14, 2016, and applied for refugee recognition to the Defendant on October 27, 2016.
B. On November 9, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff appealed and filed an objection with the Minister of Justice on December 16, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on February 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was as follows: (a) the Plaintiff got a habit of the public interest and was threatened with life.
Therefore, it should be deemed that there is a risk of persecution in the event that the plaintiff returned to Naria, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed 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 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 to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, or who, owing to such fear, resided in the country of nationality, must be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body, or freedom.