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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 November 17, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3), and applied for refugee status to the Defendant on June 15, 2016.
B. On July 22, 2016, 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 August 5, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that: (a) the Plaintiff was a member of the Congo Party at India; (b) while operating a medical service camp in the future, the Plaintiff was fighting between the other party members and each party member.
Party members demand the Plaintiff to take part in the activities of the members of the Congo and threaten the Plaintiff.
Therefore, if the plaintiff returned to India, it is deemed that there is a risk of persecution, and the disposition of this case which did not recognize the plaintiff as a refugee 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 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 of the country of nationality or who do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.