1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On October 24, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and applied for refugee status to the Defendant on November 3, 2016.

On November 15, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 12, 2016, but the said objection was dismissed on February 24, 2017.

[Ground of recognition] without any dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 and 2, and the purport of the whole pleading of this case as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate or not, are politically unstable, such as Bohovas and Ngrelta's problems.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who, owing to such fear, does not want to be protected of the country of nationality, or who, owing to such fear, is unable to return to the country in which they resided before entering the Republic of Korea, or who does not want to return to the country of nationality, shall be recognized as a refugee. The term “persecution” which is the requirement for recognition of a refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and there is a sufficient basis for “any foreigner applying for recognition of a refugee.”