1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On April 7, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on April 7, 2016, and applied for refugee recognition to the Defendant on April 20, 2016.

On April 29, 2016, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 9, 2016, but the said objection was dismissed on September 9, 2016.

【In the absence of dispute, the Plaintiff’s assertion as to whether the disposition of this case is legitimate or not, as the father died in around 201, and the village residents succeeded to the president position to the Plaintiff. However, as the Plaintiff refused it, the village residents threatened the Plaintiff, such as the Plaintiff.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

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 well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or do not want to be protected of the country of nationality, or who, owing to such fear, is unable to return to the country in which they resided before entering the Republic of Korea, or who does not want to return to the country of nationality, or who, owing to such fear, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee includes threats to life,