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 November 22, 2015, the Plaintiff entered the Republic of Korea on November 22, 2015, and applied for refugee recognition to the Defendant on January 18, 2016.
B. On January 27, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On March 14, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on July 18, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion was that the Plaintiff, along with her husband, was working as a member of the National Assembly of South Korea (SCNC) with her husband in the Republic of Korea.
For that reason, the plaintiff was arrested to be subject to arrest and was also subject to adviser.
The husband of the plaintiff was killed by soldiers.
Therefore, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff is a political refugee is illegal.
B. 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 by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.”