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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 July 19, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on July 19, 2016 and stayed, and applied for refugee status to the Defendant on January 26, 2017.
B. On October 16, 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 where there is a well-founded fear that the Plaintiff would be subject to persecution” stipulated in 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 15, 2017, but was dismissed on September 3, 2018, and the Plaintiff received a notice of dismissal decision on September 20, 2018.
[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After the plaintiff's assertion entered the Republic of Korea from the Republic of Korea, the plaintiff's husband provided the Government with information on the demonstration for the independence of the English area in the Republic of Korea. Since the plaintiff was also threatened with murder from the village, the plaintiff is also in danger of murder to him/her if he/she returns to his/her country.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act does not allow or want to return to a country in which he/she had resided before entering the Republic of Korea due to well-founded fear to recognize that he/she is likely to be detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion.