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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 31, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 31, 2016, and applied for refugee status to the Defendant on June 9, 2016.
B. On July 19, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on August 1, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he was summoned to the police and was under investigation on April 8, 2016 on the ground that he participated in the anti-government demonstration as a party member of the CPP.
For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.
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 who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, or who were unable or does not want to return to the country of nationality, and “persecution,” which is the requirement for recognition of refugee, must be recognized as a refugee, and the term “persecution,” which is a threat to life, body or freedom, shall be