난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 29, 2017, the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Malaysia and applied for refugee status to the Defendant on November 1, 2017, when entering the Republic of Korea as a visa exemption (B-1, the period of stay three months).
B. On February 21, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the grounds for applying for recognition of refugee status alleged by the Plaintiff against the Plaintiff does not constitute “a sufficiently-founded fear that is likely to suffer persecution” as a requirement of refugee under 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”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was closed in the year in which he was 22 years of his death. Since then, the plaintiff was threatened by the threat, such as creating a written oath that he gets involved in assault and will not take the instrument of the model of the Malaysia, and if he returned to Malaysia, there is a risk of continuous gambling.
Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.
B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, “A foreigner who is unable or does not want to be protected from his/her country of nationality due to well-founded fear of being recognized as being detrimental to his/her status for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who, owing to such fear, has resided in the Republic of Korea before entering the Republic of Korea, could not return to or does not want to return to the country of nationality.”