1. The plaintiff's claim is dismissed.

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

Details of the disposition

On March 1, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on March 1, 2016, and applied for refugee recognition to the Defendant on April 8, 2016.

On July 4, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-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 August 1, 2016, but the said objection was dismissed on the same ground as December 22, 2016.

【Ground of recognition” did not have any dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff asserted that the plaintiff applied for refugee status in order to compensate for money by engaging in business for a long period of time.

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 who, owing to such fear, does 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, shall be recognized as a refugee. The term “persecution” which is the requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and such a foreigner who files an application for recognition of a refugee is sufficient.