The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On May 3, 2017, the Plaintiff entered the Republic of Korea with the status of stay for short-term visits (C-3) on May 3, 2017 as a foreigner of Syria nationality.

B. On June 1, 2017, the Plaintiff applied for recognition of refugee status to the Defendant. However, on May 17, 2019, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(c)

On May 27, 2019, the Plaintiff filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on June 19, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is in danger of compulsory conscription, as internal war is continuing between the government-gun and the Ban-gun.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution due to the above circumstances is unlawful.

B. (1) Determination 1) The term “victims” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group or political opinion.

A foreigner who is not entitled to, or does not want to, the protection of a State of nationality due to a well-founded fear of being determined by the person, or a person without nationality who, by such fear, could not return to, or does not want to return to, the State that resided in the Republic of Korea before entering the Republic of Korea (Article 2 Subparag. 1 of the Civil Code). “persecution” which is the requirement for recognition of the person in peril is “a threat to life, body, or freedom, as well as a serious infringement or discrimination against the essential human dignity.