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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 June 21, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on June 27, 2016.
B. On July 27, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. On August 9, 2016, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on August 31, 2016, but the said objection was dismissed on April 21, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is an officer of the Inc. People Ofiaf Banara (hereinafter “IPB”), who is an organization of non-Afra independent movement (hereinafter “IPB”), and was engaged in active activities, such as hosting a lot of demonstrations from 2010 to 2016. Accordingly, the Plaintiff was arrested once, and is under the threat of the Maliian government, such as crypting from government officials concerned.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be harmed by race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, could not return to, or does not want to return to, a country in which he/she resided before entering the Republic of Korea (the Refugee Act).