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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 February 5, 2014, and applied for refugee status to the Defendant on March 18, 2014.
B. On January 6, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that, around January 2012, the Plaintiff continued to resign from money by four members of the QM political party at the time when the Plaintiff was engaged in transportation business in its country, and was threatened by the Plaintiff that he would be “be dead” as the Plaintiff rejected it.
In fact, on October 12, 2013, while returning home on October 12, 2013, the Plaintiff was satisfed by two members of the QM political party, and the Plaintiff’s mother was also threatened.
Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to his country is illegal.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing 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 (hereinafter referred to as "state of his/her nationality");
C. According to the reasoning of the judgment No. 4, the Plaintiff.