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 August 27, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 27, 2016 and stayed, and applied for refugee status to the Defendant on February 9, 2017.
B. On February 9, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on March 20, 2017, but was dismissed on July 18, 2017, and the Plaintiff received a notice of dismissal decision on August 23, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was a senior to the Korean War, and that the Plaintiff refused to succeed to the status of the president due to the Plaintiff’s additional death of the president who was a senior to the Korean War. As such, the Plaintiff was threatened to the white and village people.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.
B. (1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, and refugee status means a foreigner who, owing to well-founded fear of being recognized as being imprisonable on the ground of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want to be protected from the country of nationality, or who, due to such fear, cannot return to, or does not want to return to, a country in which he had resided before entering the Republic of Korea.