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 10, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on April 10, 2015, and applied for refugee status to the Defendant on May 6, 2015.
B. On June 29, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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. On August 7, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on March 23, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was active as a PDP member in his home country, and was threatened with murder from APC members, an opposite party in the election campaign process.
If the plaintiff returned to Austria, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for political opinion.
B. (1) 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 in the Republic of Korea who are unable to be protected or do not want to be protected of the country of nationality due to well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”