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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 disposition;
A. On June 6, 2012, the Plaintiff, a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “Austria”), entered the Republic of Korea as a short-term visit (C-3 and 30 days of sojourn).
B. On July 11, 2012, the Plaintiff asserted that there was a possibility for the Defendant to be deprived of returning to the Republic of Korea due to threat of Bocoon and coercion of joining a local group, and the Defendant filed an application for refugee status. On May 2, 2014, the Defendant issued a first disposition for refugee status non-recognition (hereinafter “first disposition”). The Plaintiff dissatisfied with the first disposition and filed an objection with the Minister of Justice on May 22, 2014, but the application was dismissed on April 2, 2015. The Plaintiff filed a lawsuit seeking the revocation of the first disposition with the Seoul Administrative Court Decision 2015Gudan5846, which was dismissed on November 27, 2015, but the judgment became final and conclusive on December 18, 2015, the Plaintiff asserted that there was a concern for the Defendant to defame him/her to return to Korea (hereinafter “the second disposition for refugee status”).
The plaintiff raised an objection against this and the application was dismissed by the Minister of Justice, and the plaintiff filed a lawsuit seeking the revocation of the second disposition, but was dismissed by the payment of stamp premium on February 1, 2017.
On October 16, 2017, the Plaintiff asserted that the government of its home country designated the Plaintiff as a counter-terrorism and thus is likely to be arrested at the time of his/her return to the Republic of Korea. On October 25, 2017, the Plaintiff applied for refugee status. However, on October 25, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that he/she would suffer from persecution, which is a requirement for refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
E. The plaintiff is therefore.