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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 February 21, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on February 21, 2013, and applied for refugee recognition to the Defendant on March 12, 2013.
B. On April 21, 2014, 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 May 1, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 2015.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 to 3, and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On January 8, 2009, while the Plaintiff’s assertion was employed as a pastor from Joss, the Plaintiff was subject to an attack from Boko, a Islamic armed organization, and during that process, the Plaintiff’s wife and one dependent deceased.
In the event that the plaintiff returned to Austria, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite the possibility of being affected by persecution for religious reasons from Bobane.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. (1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012), Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a decision is made with respect to a foreigner in the Republic of Korea who is unable to obtain protection of the country of his/her nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or who does not want the protection of the country of his/her nationality.