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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 December 10, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa (C-3) as a foreigner of ASEAN nationality, and applied for refugee status to the Defendant on December 18, 2014.
B. On January 13, 2016, 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”).
C. On February 12, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on June 30, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father, who was the president of the traditional religion asserted by the Plaintiff, died around September 2013, demanded that the local senior citizens succeed to the Plaintiff’s position as president, and that the Plaintiff, who was a senior assistant, violated the Plaintiff’s refusal.
In the event that the Plaintiff returned to his home country, the instant disposition that the Plaintiff did not recognize as a refugee despite the risk of being detrimental to a religious stuff for the said reason is unlawful.
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, and “persecution” which is the requirement for recognition of refugee status is against fundamental human dignity, including threats to life, body or freedom.