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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 August 2, 2010, the Plaintiff entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on August 2, 2010, and applied for refugee recognition to the Defendant on April 8, 2015.
B. On April 21, 2015, 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 April 29, 2015, but the Minister of Justice dismissed the objection on February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 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 joined the National Party (BNP) around 2006 and organized a meeting and demonstration and participated in the event.
The plaintiff was active as BNP party B, on March 26, 2010, and became a knife from a member of AbSian and America on March 26, 2010, and visited his country around 2014, the plaintiff participated in the BNP meeting and demonstration, but suffered an attack from AbS and U.S. people in the head.
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 being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, resided in Korea before entering Korea.