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 August 3, 2017, the Plaintiff, a national of the Republic of Sri Lanka, entered the Republic of Korea as a short-term stay (C-3) capacity, and applied for refugee status to the Defendant on October 31, 2017.

B. On April 5, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear that is likely to suffer persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff filed an objection with the Minister of Justice on April 10, 2018, but the Minister of Justice dismissed the objection on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff re-entered from his own country on November 18, 2016, and a woman who associates with the married husband sent a tin-free stop tag to drive away the Plaintiff in order to prevent the Plaintiff from enjoying his/her profit. For this reason, the Plaintiff’s assertion is likely to continuously be threatened if the Plaintiff returned to his/her own country.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, a foreigner who is unable or does not want to be protected from the country of nationality due to well-founded fear to recognize that he/she may be injured by reasons of race, religion, nationality, status as a member of a particular social group or political opinion or political opinion, or due to such fear, prior to entry into the Republic of Korea.