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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 22, 2012, the Plaintiff filed an application for refugee status with the Defendant on March 9, 2017, while entering the Republic of Korea for non-professional employment visa (E-9) and staying there.
B. On March 29, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 19, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion was that, from around 2004 to 2010, the Plaintiff continued to be forced to pay the donation from Maoist (Maoist, NAT) and refused to do so, thereby being subject to violence or threatening to murder.
Therefore, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even if the possibility that the plaintiff would be affected by gambling when the plaintiff return to the country of nationality is high.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, resides in the country of nationality before entering the Republic of Korea.