1. The plaintiff's claim is dismissed.

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

Details of the disposition

On May 24, 2011, the Plaintiff entered the Republic of Korea under the status of non-professional employment (E-9) sojourn status, and applied for refugee status to the Defendant on March 15, 2016.

On June 28, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 8, 2016, but the said objection was dismissed on the same ground as April 21, 2017.

【In the absence of any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire pleadings as to Gap’s evidence Nos. 1, 2, and 3, and Eul’s evidence Nos. 1 and 2, from 2003 to 1006, was threatened with his father to subscribe to the organization and to pay the donations. From February 2006, the Plaintiff was assaulted with his father on the ground that he did not pay the donations.

For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

Judgment

In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who, owing to such fear, do not want to be protected of the country of nationality, or who, owing to such fear, cannot return to the country in which they resided before entering the Republic of Korea, or who does not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for recognition of refugee status is against life,