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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 September 6, 2010, the Plaintiff entered the Republic of Korea on September 6, 2010, and applied for refugee status to the Defendant on June 19, 2015.
B. On January 15, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. On February 11, 2016, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on September 9, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion is that the Plaintiff is subject to intimidation from the organization called four arms’s SJM, and thus, cannot return to its home country.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 18 of the Refugee Convention, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected or do not want to be protected from the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee. “persecution” which is a requirement for recognition of refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee status must prove that there is “contributingly-founded fear” subject to such persecution and the entire purport of arguments.