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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 October 24, 2015, the Plaintiff entered the Republic of Korea as an alien of the nationality of the Republic of ASEAN, as a member of the Tourism Department (C-3), and applied for refugee status to the Defendant on October 29, 2015.
B. On December 3, 2015, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter the instant disposition was taken under the following).
C. On January 11, 2016, the Plaintiff filed an objection with the Minister of Justice on January 11, 2016, but was rendered a final decision dismissing the Plaintiff’s application on May 31, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The Plaintiff’s assertion was included in a confidential local organization in the country of nationality. After his/her death on January 25, 2015, the Plaintiff stated that he/she should succeed to the place of his/her father and her father, and that he/she should search for the Plaintiff and succeed to the place of his/her father. On June 10, 2015, not only threatened the Plaintiff with his/her death on several occasions, but also murdered his/her birth. The police in the country of nationality did not provide any practical assistance in relation thereto.
As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was under an persecution for religious reasons in the nationality state.
(b) The definitions of terms used in this Act shall be as follows:
1. “Refugee” means a foreigner who is unable or does not wish to be protected by a State of his/her nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or by such fear, entry into Korea.