beta
Text
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 April 18, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on April 18, 2017 and stayed, and applied for refugee status to the Defendant on April 25, 2017.
B. On May 19, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to 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” 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 June 19, 2017, but the objection was dismissed on December 7, 2017, and the Plaintiff received a notice of dismissal decision on February 19, 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 asserted that he was the father of his husband, who was far more than the Plaintiff’s age according to the purport that he was the father of his father in Coarar, and was assaulted against the husband from time to time.
In the event that the plaintiff returns to Cotdar, there is a risk of murdering the plaintiff's husband.
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) Determination 1: Article 2 Subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act provides sufficient grounds for recognizing that a person may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, who either is unable or does not want to be protected from the country of nationality, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea.