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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 12, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) from May 12, 2017.
B. On May 25, 2017, the Plaintiff applied for refugee status to the Defendant. However, on July 18, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on August 20, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on April 10, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. A. Around 1994, the Plaintiff’s assertion that the Plaintiff’s wife succeeded to the Plaintiff’s land. Around December 2016, the Plaintiff threatened the Plaintiff with a view to evading this. On two occasions, the Plaintiff sent the Plaintiff’s house to threaten the Plaintiff.
In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.
B. 1) The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Refugee Act, “persecution” which serves as the requirement for recognition of refugee status is against life, body, or freedom.