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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 February 5, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) sojourn status as a foreigner of Pakistanan nationality, and applied for refugee status to the Defendant on May 1, 2015.
B. On May 20, 2015, the Defendant issued a disposition to recognize 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”).
[Ground of recognition] Facts without dispute, Gap 1, Eul 1, Eul 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was a nurse within the country of nationality as a slovasian believers, and the slovas males were involved in kidnapping and rape of the Plaintiff’s club nurse.
With regard to this, the plaintiff's non-slock men are threateninging the plaintiff.
Therefore, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when the plaintiff returned to the country of nationality is illegal.
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 in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is the requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and thus, a foreigner applying for recognition of refugee is sufficient.