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 January 28, 2017, the Plaintiff entered the Republic of South Africa (hereinafter “Nam Africa”) as a foreigner of nationality, and applied for refugee status recognition to the Defendant on February 13, 2017 (hereinafter “instant application”).
B. On March 27, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on April 6, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 4, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was born in ASEAN, but thereafter, went to the Republic of Korea and acquired the remainder of public nationality.
On January 2, 2017, the Plaintiff was assaulted on the ground that the Plaintiff was a foreigner, who was traveling a road by using a vehicle with his/her family in the remaining airspace.
Even after that, tampers continued to threaten the plaintiff by finding the plaintiff's house.
In South public, a foreign-suspect (Xenophoba) is spreading in South Korea, and the cases suffered by the Plaintiff have also occurred in connection with this.
In the event that the plaintiff returns to the Republic of Korea, the remaining public society is likely to pose a threat to the freedom of life or physical freedom due to the rash atmosphere of foreigners in the remaining public society.
Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.
(b)the applicant for refugee status is a member of a particular social group, namely, race, religion, nationality, or nationality; or