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. The Plaintiff entered the Republic of Korea on September 9, 2017 as a foreigner of the nationality of the Republic of Ghana (the Republic of Germany, hereinafter “A”), with the status of stay for short-term visits (C-3).
B. On September 28, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant. On February 19, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “disposition of this case”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the 1951 Convention relating to the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the 1967 Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition on March 6, 2019 and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the instant disposition on October 18, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff, a police officer, is threatened with murder by an armed robbery organization on the ground that he/she arrested the leader of the armed robbery organization.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee was unlawful even though there was a well-founded fear that the Plaintiff would be subject to persecution when she returned to her home country.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, the Minister of Justice is either a foreigner who is unable to be protected or does 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.