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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 September 29, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on September 29, 2014, and applied for refugee status to the Defendant on October 7, 2014.
B. On March 17, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. On April 17, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On October 1, 2004, the Plaintiff’s assertion was killed at the end of the dispute with B, and the Plaintiff’s question and B question were in conflict. On December 13, 2011, the Plaintiff’s family member was identified as a criminal in B’s case.
Even though his father was pronounced not guilty in the criminal trial, he still threatens the plaintiff's family members including the plaintiff to murder.
In the event that the Plaintiff’s return to his home country is feared to be persecution for the foregoing reasons, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, it is within the territory of the Republic of Korea in which the protection of the country of nationality is not possible or does 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.