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 December 8, 2010, the Plaintiff entered the Republic of Korea with a visa for non-professional employment (E-9) (E-9) as a foreigner of four arms nationality (E-9 on March 26, 2015), and applied for refugee status to the Defendant on March 26, 2015.
B. On May 12, 2015, 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 on the Status of Refugees.
C. On June 15, 2015, the Plaintiff filed an objection with the Minister of Justice on June 15, 2015, but the objection was dismissed on September 9, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. From 2005, the gist of the Plaintiff’s assertion has been threatened with joining the organization or making donations from the organization, an illegal organization, in its home country, from around 2005, and the situation where the Plaintiff continues to be threatened in the event it returns to its home country.
Nevertheless, the instant disposition that 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 for reasons 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 is sufficient.