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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 April 24, 2014, the Plaintiff entered the Republic of Korea as a foreigner of his/her nationality (hereinafter “Y-2”) and applied for refugee status to the Defendant on April 30, 2014 after entering the Republic of Korea.
B. On October 23, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff 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. On November 20, 2015, the Plaintiff filed an objection with the Minister of Justice on November 20, 2015, but the said objection was dismissed on May 31, 2016.
[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 to 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertionor may not be considered as a whole during the current process.
The plaintiff's remaining birth was killed during the war.
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, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, or who, owing to such fear, resided in the country of nationality, must be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body, or freedom.