1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On February 22, 2011, the Plaintiff had entered the Republic of Korea with the status of non-professional employment (E-9), and could have stayed as the above status of stay until December 21, 2015, following the extension of several times.

On December 22, 2015, the Plaintiff filed an application for refugee recognition on the ground that the Plaintiff’s family members cannot return to the Republic of Korea due to the lack of good condition, such as receiving a request for donation from an organization affiliated with a female party after the fourth earthquake. However, on December 28, 2015, the Defendant rejected refugee recognition on the ground that the Plaintiff’s assertion does not constitute a sufficiently-founded fear that persecution would be affected (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 6, 2016, but was dismissed on May 31, 2016.

[Ground of recognition] The plaintiff's assertion of legitimacy of the disposition of this case in the whole purport of arguments and statements in Gap's evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole argument was legitimate. The plaintiff's family members in the future of the plaintiff were under intimidation to the extent that they could not cause donations from the person who requested donations after earthquakes, and the plaintiff's return to the Republic of Korea can be subject to such intimidation when he returns to the Republic of Korea. The disposition of this case which did not recognize the plaintiff as a refugee is unlawful.

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

“Refugee” means a foreigner who is unable or does not want to be protected by a State of his/her nationality due to well-founded fear that he/she may be harmed by race, religion, nationality, membership of a particular social group, or political opinion, or who, owing to such fear, cannot return to or does not want to return to a State in which he/she had resided in the Republic of Korea before entering the Republic of Korea.