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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 June 15, 2014, the Plaintiff entered the Republic of Korea with the visa of the Tourist Department (B-2) on June 15, 2014, and applied for refugee recognition to the Defendant on June 17, 2014.
B. On March 26, 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 May 1, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a hydropatha.
Around May 2014, B, the plaintiff's South East East-dong, was killed by one person with a total shooting force with the plaintiff's labor force and escaped, and people in Hoti, caused the remaining birth to the plaintiff's family members and threatened them.
In the event that the Plaintiff’s return to his home country is likely to be detrimental to the status of a member of a specific social group, and thus, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
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 serves as the requirement for recognition of refugee is life.