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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 20, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on May 20, 2017 and stayed, and applied for refugee status to the Defendant on June 22, 2017.
B. On August 4, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 15, 2017, but was dismissed on March 21, 2018, and the Plaintiff received a notice of dismissal decision on June 15, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was threatened with his father and father-gu on the ground that he was sexual intercourse with his father and father-gu.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.
B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.
At this time, the term "persecution" to be received by the foreigner includes threats to life, body or freedom.