1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 2, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 2, 2016, and applied for refugee recognition to the Defendant on September 26, 2016.

On April 3, 2017, the Defendant rendered a disposition not to approve 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.

【In the absence of any dispute, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s evidence Nos. 1, 2, 3, and Eul’s evidence Nos. 1, 2, and 2, and 1, and the purport of the entire pleading as to the legitimacy of the disposition of this case was rejected, although the Plaintiff was threatened by the members of the SFN (Sanghia Sala Sya Samajbdi Fortal) who operated a textile company at the Carn Ban only, to pay for the contribution of approximately KRW 25 million.

Accordingly, the SFN members threatened the Plaintiff from January 2016 to the telephone, and they threatened the Plaintiff to kidnapping or destroy the factory without finding the Plaintiff and paying the donation in April 2016.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

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

Judgment

In full view of the provisions of subparagraph 1 of Article 2 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 do not want to be protected of the country of nationality, or who, owing to such fear, is unable to return to the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, or who do not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for the recognition of refugee status