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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 November 15, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) on a short-term basis, and applied for refugee recognition to the Defendant on December 12, 2016.
B. On April 26, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on May 24, 2017, but the said objection was dismissed on the same ground as December 7, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted as a B, as a party, joined C, which is an organization of Bridge separationism, from that time to September 21, 2016, and participated in more than 10 times from that time.
At the time of the Plaintiff’s participation in the demonstration on September 21, 2016, the police arrested many people in the suppression of the demonstration by force, such as the stunching of the demonstration group, and the Plaintiff fled, but the arrest warrant was issued thereafter.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.