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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 September 1, 2017, the Plaintiff, as a foreigner of the nationality of the Republic of India (hereinafter “ India”), entered the Republic of Korea as a short-term visit (C-3). On November 29, 2017, the Plaintiff applied for refugee status to the Defendant.
B. On August 22, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that she 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. The Plaintiff filed an objection with the Minister of Justice on November 26, 2018, but the said objection was dismissed on February 6, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 1-1, 4-1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a member of the party B.
B Party held a free medical service campaign on June 16, 2017, and the Plaintiff and his father participated in the above events.
However, more than 20 members of the C Party, a member of the Egyptive Party, found the above event, interfered with the event, and exercised violence, and the police conflict, but the perpetrator did not take any measure because he/she is a member of the Egyptive Party.
The threat of this, the father and the father of the plaintiff, and the female of the plaintiff, have escaped from the affected Republic of Korea.
In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.
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, the Minister of Justice shall either race, religion, nationality, membership of a particular social group or political opinion.