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 September 25, 2015, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on September 25, 2015, and applied for refugee status to the Defendant on November 23, 2015.
B. On November 16, 2016, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against 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 stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 15, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was threatened with assault and murder on the ground that the Plaintiff did not comply with the demand of four persons in the country of nationality, who have been asked to obtain money from the four persons in unsound name.
In the event that the plaintiff returns to his country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution from the above non-merchants is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.