1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On November 30, 2014, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on November 30, 2014, and applied for refugee recognition to the Defendant on March 9, 2015.

B. On January 26, 2016, 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 February 15, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 9, 2016.

[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 Plaintiff’s father’s assertion was a member of Naria PDP (People) Party, but refused to request the settlement of a party member of APC (APC) party, and subsequently was killed to APC members, and thereafter, he/she subsequently threatened the Plaintiff and his/her family members with murder.

Therefore, the defendant's disposition of this case, which was made on a different premise, is unlawful even though the plaintiff constitutes a refugee suffering from persecution for political reasons.

B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act; refugee status means a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he had resided before entering the Republic of Korea.