1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 24, 2016, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on July 24, 2016, and applied for refugee status to the Defendant on September 5, 2016.

On September 22, 2016, the Defendant rendered a disposition to deny 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 that would be subject to 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 October 28, 2016, but the said objection was dismissed on April 21, 2017.

【In the absence of dispute, Gap 1-4 evidence, Eul 1-2 evidence, Eul 1-2 evidence, the purport of the whole pleadings, and the purport of the disposition of this case as to whether the disposition of this case is legitimate or not, the plaintiff’s husband operated the Egypt from Egypt to B and the same business.

B left Korea after killing C in the same industry.

Therefore, the bereaved family members of C tried to rescue the husband of the plaintiff or to capture the plaintiff's children.

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 subparagraph 1 of Article 2 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 do not want to be protected of the country of nationality, or who, owing to such fear, is unable to return to the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, or who do not want to return to the country of nationality, shall be recognized as a refugee, and “persecution” which is the requirement for the recognition of refugee status