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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 7, 2017, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on March 7, 2017, and applied for refugee status to the Defendant on June 7, 2017.
B. On April 12, 2018, the Defendant rendered a decision to recognize 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 a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on May 15, 2018, but was dismissed on February 14, 2019.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was married from a man in Morocco, but rejected it, and thereafter, the Plaintiff forced the Plaintiff to marry and assault the Plaintiff.
Therefore, inasmuch as there exists a well-founded fear that the Plaintiff’s return to the Republic of Korea would be detrimental to her male, the instant disposition that did not recognize it on a different premise is unlawful.
B. 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear (see Article 2 subparag. 1 of the Refugee Act). Meanwhile, “persecution” which serves as a requirement for recognition of refugee status is a life, body or life.