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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff entered the Democratic People’s Republic of Algeria (hereinafter “ Algeria”) as a foreigner of nationality on April 11, 2017, and applied for refugee status to the Defendant on May 17, 2017, after entering the Republic of Algeria as a short-term visit (C-3) sojourn status.
On September 6, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 4, the purport of the whole pleadings
2. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners who, owing to 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 to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality. The term “persecution” which is the requirement for recognition of refugee refers to “any threat to life, body or freedom, and any act causing serious infringement or discrimination on the essential dignity of human beings,” and the foreigner applying for recognition of refugee shall prove that there is “comfortable fear” subject to such fear.
The following facts can be acknowledged in full view of the evidence mentioned above and the statement mentioned in No. 3 above.
The grounds for applying for refugee status asserted by the Plaintiff are as follows.