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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. The Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on November 20, 2016, and applied for refugee recognition to the Defendant on December 19, 2016.
B. On February 6, 2017, the Defendant rendered a disposition of non-recognition of 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” under 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. The Plaintiff appealed and filed an objection with the Minister of Justice on March 14, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on July 18, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. From November 2015, the Plaintiff’s summary of the Plaintiff’s assertion was a youth leader of an organization claiming a separate independence from the Republic of Korea from the Republic of Korea. The Kamera government currently arrests and detains all of its support persons, etc.
Therefore, if the plaintiff returned to Kamera, it shall be deemed that there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed unlawful.
B. 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, a foreigner who, owing to well-founded fear of being injured on the grounds 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 a foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.