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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. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on November 8, 2016, and applied for refugee status to the Defendant on November 24, 2016.
B. On February 27, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) 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 March 29, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by an unlawful organization that acts in the area of Magria, the natives of the Plaintiff, was exposed to their hidden places, thereby killing the father of the Plaintiff and threatening the Plaintiff to murder by telephone. The instant disposition that did not recognize the Plaintiff as a refugee is unlawful, even though the Plaintiff’s return to the country of nationality could cause persecution from the aforementioned unlawful organization.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is unable to be protected of the country of nationality or does not want the protection of the country of nationality, or due to such fear, cannot return to the country in which he resided before entering the Republic of Korea.