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 3, 2014, the Plaintiff entered the Republic of Korea with visa exemption (B-2) visa on October 3, 2014, and applied for refugee recognition to the Defendant on October 8, 2014.
B. On December 4, 2014, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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”).
C. On January 14, 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, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was admitted to the Slive Forest Organization in around 1998, and participated in a demonstration that supported B’s return to the former president from around 2008, and was arrested and detained at the police several times on the grounds that the Plaintiff participated in the demonstration.
In the event that the Plaintiff returned to his home country, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution on the grounds of political opinion as above 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 serves as the requirement for recognition of refugee status, includes threats to life, body or freedom, and is significant for the essential human dignity.