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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 October 21, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on October 21, 2014, and applied for refugee recognition to the Defendant on October 21, 2014.
B. On June 22, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on July 15, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, or the purport of the whole of video and pleading
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that the Plaintiff joined an organization called the UNFCCC (UFDG) and carried out counter-government activities.
The plaintiff's mother was arrested by the government as well as the plaintiff's mother was confined to prison due to the plaintiff's failure to conceal.
Therefore, the Plaintiff should be deemed to have the risk of persecution in the event of her return to the Republic of Korea, and the instant disposition that did not recognize the Plaintiff as a refugee should be deemed 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 who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or do not want protection of the country of nationality, or who, owing to such fear, are unable to return to or want to return to the country of nationality that had resided before entering the Republic of Korea.