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 February 8, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on February 8, 2015, and applied for refugee status to the Defendant on February 23, 2015.
B. On March 11, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there is a well-founded fear that the Plaintiff would be detrimental to the status of refugee under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. On April 8, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On December 25, 2013, the Plaintiff asserted that he was threatened with the Plaintiff’s murder on the ground that the Plaintiff reported the terrorism of Bobo, which occurred at the church called the Plaintiff, to the police.
In the event that the Plaintiff’s return to his home country is likely to be detrimental to persecution, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. (1) 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 do not want the protection of 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 refugee, and “persecution” which is the requirement for recognition of refugee status, shall be deemed as a serious infringement of the fundamental human dignity, including threats to life, body or freedom.