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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 November 19, 2008, the Plaintiff entered the Republic of Korea with the short-term commercial status (C-2) sojourn status on the short-term commercial status (C-2) on the part of November 19, 2008, and changed the status of each sojourn into a trade management (D-8) on February 23, 2009, and November 13, 2012 (D-9), and filed an application for refugee status with the Defendant on June 28, 2016.
B. On July 18, 2016, 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 Relating to the Status of Refugees.
C. On July 29, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on February 24, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he/she joined IPB as an organization claiming the independence of EarbO as an organization from EarbO, and supported IPB with financial support.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. (1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) who is a requirement for the recognition of refugee status is a threat to life, body, or freedom.