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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 April 13, 2017, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) on April 13, 2017, and applied for refugee recognition to the Defendant on August 2, 2017.
B. On February 26, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff worked in the Kazakhstan, and one of the customers, who found the Kazakhstan, threatened the Plaintiff to kill his/her own vehicle without changing his/her vehicle into a new one. On February 2, 2017 and March 2017, the Plaintiff claimed the Plaintiff to change his/her vehicle into a new one, and assaulted the Plaintiff.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Korea with Kabstan.
B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (see Article 2 subparag. 1 of the Refugee Act). Meanwhile, recognition of a refugee is recognized.