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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 March 14, 2006, the Plaintiff entered the Republic of Korea with non-professional employment (E-9) status as a national of the Philippines, and applied for refugee status to the Defendant on September 12, 2016.
B. On October 12, 2017, 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on November 14, 2017, but the said objection was dismissed on the same ground as on June 12, 2018.
[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion as a confidential personnel of the government agency called PEA, provided more than 10 times information on narcotics to PEA, and three staff members of B pit group were arrested upon the Plaintiff’s information.
Accordingly, around May 20, 2010, the members of the B pit group escaped to the Plaintiff, and around November 2014, the Plaintiff threatened with the Plaintiff, such as attempting to shoot the Plaintiff.
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. The term “refugee” refers to 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 may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.
(Article 2 (1) of the Refugee Act).