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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 May 23, 2007, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on May 23, 2007, and applied for refugee status to the Defendant on November 23, 2015.
B. On December 22, 2015, the Defendant issued 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. On January 7, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on May 31, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by the Islamic organization called Hizbut Trir in its home country to be admitted to the organization, and was threatened on the ground that the Plaintiff refused to join the organization.
In the event that the Plaintiff returned to his home country, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of persecution from the said organization 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, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.” Thus, an application for recognition of refugee status is filed.