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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 April 5, 2011, the Plaintiff entered the Republic of Korea as a non-professional employment (E-9) foreigner with four arms and stayed, and applied for refugee status to the Defendant on February 22, 2016.
B. On March 7, 2016, 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 dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 28, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 8, 2016.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was rejected by the Plaintiff, who was threatened by the Plaintiff to join the organization in question and to pay donations from the Malist who had the purpose of establishing the People’s Republic of Korea.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.
At this time, the foreigner is entitled to receive.