beta
Text
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 11, 2016, the Plaintiff entered the Republic of Korea on February 11, 2016, and applied for refugee recognition to the Defendant on March 16, 2016.
B. On May 10, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on June 13, 2016, but was dismissed on February 24, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is that the Plaintiff, who is a senior to the Plaintiff, was threatened with the third degree of female-child relationship on the ground that the Plaintiff introduced female-child relationship to the female-friendly group, and the Plaintiff and female-friendly group are also threatening to kill the Plaintiff.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee 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 on the grounds 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 of, or discrimination against, fundamental human dignity, including threats to life, body or freedom.” As such, a foreigner applying for recognition of refugee shall prove that there is “a good-founded fear.”