beta
Text
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 20, 2014, the Plaintiff entered the Republic of Chicago (hereinafter “C-3”) as a foreigner of his/her nationality, and applied for refugee status to the Defendant on November 18, 2014 after entering the Republic of Korea for short-term visits (C-3).
B. On November 25, 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. On December 28, 2015, the Plaintiff filed an objection with the Minister of Justice on December 28, 2015, but the said objection was dismissed on May 31, 2016.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. After the Plaintiff’s father’s assertion died, the Plaintiff’s second father’s mother, who is the father, was in possession of land as a miscarriage, but the father attempted to kill the Plaintiff by taking the above land back.
In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.
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 persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea; and