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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 February 3, 2013, the Plaintiff entered the Republic of Korea with the status of stay for the language education (D-4) on February 3, 2013, and applied for refugee recognition to the Defendant on September 4, 2014.
B. On December 3, 2015, 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 to the Minister of Justice on January 7, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on June 30, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is as follows: (a) since entry into the Republic of Korea, the Plaintiff was subject to intimidation by her mother-child on grounds of conduct contrary to the law of suslime.
Therefore, the instant disposition, which did not recognize the Plaintiff as a refugee even though the Plaintiff could be affected by persecution if she returned to the Republic of Korea, 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 being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected by the country of nationality or who, owing to such fear, or who, owing to such fear, cannot return to the country of nationality or who had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is against life, body, or freedom.