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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 October 31, 2015, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) on October 31, 2015, and applied for refugee recognition to the Defendant on June 17, 2016.
B. On August 23, 2016, 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 September 26, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 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. The gist of the Plaintiff’s assertion was requested by the Plaintiff from the male on his identity in the course of operating Kazakhstans with clothes.
They have refused their demands. They have caused the plaintiff to refuse their demands.
Therefore, if the Plaintiff returned to Kazakhstan, it should be deemed that there is a risk of persecution, and the instant disposition that the Plaintiff did not recognize 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, 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 the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality that had resided before entering the Republic of Korea.