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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 July 4, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis on July 4, 2016, and applied for refugee status to the Defendant on August 8, 2016.
B. On September 6, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Eul evidence Nos. 1-2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. The defendant's main defense prior to the merits was permitted to stay in the Republic of Korea with legitimate status of stay until it is stable from a humanitarian perspective to a certain extent. The plaintiff is staying in the Republic of Korea with the status of stay until now.
Therefore, since there is no legal interest that the Plaintiff intends to seek through the instant lawsuit, the instant lawsuit is unlawful.
B. In light of the following: (a) as to a person recognized as a refugee in the process of refugee status screening, it is reasonable to view that the Plaintiff has a legal interest in seeking cancellation of the disposition of this case, which goes beyond his/her humanitarian status and is recognized as a refugee, as prescribed in Articles 30 through 38 of the Refugee Act; (b) in the case of a person recognized as a refugee, he/she obtains the same legal right as a national of the Republic of Korea, such as the guarantee of social security or education equal to that of a national of the Republic of Korea; and (c) in the case of a person staying humanitarianly, he/she cannot enjoy the same level of right as a person recognized as a refugee; and (d) as prescribed in Article 39 of the Refugee Act, only
3. The instant disposition is lawful.