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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 July 6, 2015, the Plaintiff, a foreigner of Liberian nationality, entered the Republic of Korea as a sojourn status for visa exemption (B-1) and stayed, and applied for refugee status to the Defendant on August 26, 2015.
B. On December 10, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 11, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 17, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was a member of the UBF, a confidential organization, refused the member’s demand to succeed to the status of the landmaster after the death of the landmaster, thereby threateninging the Plaintiff to murder.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.
B. (1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, and Article 2 subparagraph 1 of the Refugee Act mean a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to or does not want to return to the country in which he had resided before entering the Republic of Korea.