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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 10, 2015, the Plaintiff entered the Republic of ASEAN (hereinafter referred to as “Naria”) as a foreigner of nationality, and applied for refugee status to the Defendant on October 30, 2015, after entering the Republic of ASEAN as a short-term visit (C-3) sojourn status.
On December 21, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
On April 27, 2016, the Plaintiff received a notice of decision on non-recognition of refugee status and filed an objection with the Minister of Justice on May 17, 2016, but was dismissed on the same ground as of October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is the Dominian. After the Plaintiff’s father, who was the president of the Domin Village, died, the Dominary Village Korea demanded the Plaintiff’s Dominian to Dominian as well as the Plaintiff’s Dominian, but the Plaintiff and the Dominian refused this request, thereby being threatened to the Dominian, and the Plaintiff’s Dominian actually died on that ground.
In the event that the plaintiff returns to ASEAN, it is likely to be detrimental to persecution for this reason.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 Subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a State of nationality may be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.