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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 March 14, 2004, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on March 14, 2004, and stayed for at least 11 years, and filed an application for refugee status with the Defendant on October 13, 2015.
B. On October 29, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After the Plaintiff’s assertion died, the Plaintiff was requested from December 2003 to January 2004 to succeed to the village development status from the organization called KING MAKS.
Therefore, the defendant's disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though the possibility that the plaintiff would suffer from gambling when he return to ASEAN is high.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. “persecution”, which is a requirement for recognition of refugee status 1, is “an act of causing serious infringement or discrimination on essential human dignity, including threats to life, body or freedom.”