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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 August 20, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on August 20, 2015, and applied for refugee status to the Defendant on September 11, 2015.
B. On November 25, 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. The Plaintiff appealed and filed an objection with the Minister of Justice on December 22, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The main point of the Plaintiff’s assertion is the Plaintiff’s chronology, a Islamic level diagnosis chain, and two times of attack.
Therefore, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by persecution when the plaintiff returned to Bodon, 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, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, or who, owing to such fear, resided in the country of nationality, must be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status includes threats to life, body, or freedom.