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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 24, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term stay on October 24, 2014, and applied for refugee recognition to the Defendant on November 11, 2014.
B. On December 14, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On December 29, 2015, the Plaintiff filed an objection with the Minister of Justice on December 29, 2015, but the said objection was dismissed on September 9, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On April 14, 2014, during the Plaintiff’s assertion that the Plaintiff served as a high school security guard in Bolidon (Borno) North East Eastern region, Bolido, an armed organization of Islamic extremeism, arrested female students at the above high school, and murdered many female students, including the Plaintiff’s wife. At the time, the parents of female students arrested on the ground that the Plaintiff failed to respond properly, attempted to kill the Plaintiff, and attempted to murder the Plaintiff on the ground that they were present at the time of Bolido, and were present at the time of committing the crime.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1 The term “refugee” means a foreigner who is unable or does not wish to be protected by a State 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 foreigner who does not want to be protected, or due to such fear, before entering Korea.