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 December 3, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis on December 3, 2015, and applied for refugee status to the Defendant on March 2, 2016.
B. On October 26, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on November 24, 2016, but the said objection was dismissed on the same ground as of April 21, 2017.
[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was Samaat M&Da (Jamaat ud Dwa) as an organization opposed to Sama, and was arrested and detained, and was threatened by threat.
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) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a foreigner who is not a national who, due to such fear, cannot return to the country in which he/she had resided before entering the Republic of Korea or does not want to return to the country in which he/she had resided (Article 2 Subparag. 1). 2 of the Refugee Act), which serves as the requirement for the recognition of refugee status, causes serious infringement of, or discrimination against, inherent human dignity, including threats to life, body or freedom.