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. The Plaintiff is a foreigner of Kazakhish nationality.
On April 12, 2016, the Plaintiff entered the Republic of Korea for visa exemption (B-1) and stayed, and applied for refugee status to the Defendant on October 31, 2016 after the expiration of the period of stay.
B. On December 4, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 12, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on November 29, 2018.
On December 10, 2018, the Plaintiff received a notice of dismissal decision of an objection.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is hydropatha.
In the Kazakhistan, the Kazakhistan demanded the plaintiff to open the Kazahistan to the plaintiff, and the plaintiff refused to open the Kazahistan to the plaintiff.
The plaintiff left the Republic of Korea from the Sim-Pacific Mostan to make an application for refugee status after entering the Republic of Korea.
Therefore, even though there is a well-founded fear that the Plaintiff would be subject to gambling in the event of return to Kazakhstan, the Defendant’s disposition of this case, which did not recognize the Plaintiff as a refugee on a different premise, should be revoked as it is unlawful.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol.