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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 June 28, 2017, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on June 28, 2017, and applied for refugee status to the Defendant on July 25, 2017.
B. On August 1, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on August 28, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on March 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was against the obligees' life and body because he/she failed to repay his/her obligation in the country of nationality. Thus, the disposition of this case where the plaintiff did not recognize the plaintiff as a refugee even though the plaintiff's return to the country of nationality could harm the obligees' lives and body.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or 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, or who, owing to such fear, does not want to return to the country of nationality.
Here, the requirements for recognition of refugee status are met.