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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 May 27, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on May 27, 2014, and applied for refugee recognition to the Defendant on June 3, 2014.
B. On August 11, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be detrimental to the status of refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. On August 31, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 14, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was one of the support officers of Ma QM (hereinafter “M QM”), a military unit of the QM (hereinafter “M QM”) in its home country, and was threatened by Haqiq (Haqq) officers, other military units of QM.
When the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution on the grounds of political opinion.
B. (1) 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 do not want the protection of 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 the essential human dignity, including threats to life, body or freedom.