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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 May 30, 2015, the Plaintiff: (a) entered the Republic of Korea on a short-term visit (C-3) sojourn status on May 30, 2015; and (b) filed an application for refugee status with the Defendant on September 2, 2015, after the expiration of the period of stay ( August 28, 2015).
B. On September 16, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by 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] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was hydropathmal and female-friendly Gu was a Simphathal. However, the Plaintiff and female-friendly Gu’s family members opposed to the Plaintiff’s death, and the female-friendly Gu died due to their total amount.
Accordingly, the plaintiff feel a threat to life.
Therefore, the Plaintiff constitutes a refugee.
Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.
(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) Judgment 1 B is written in the evidence No. 3 and all pleadings.