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 March 20, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on March 20, 2013, and applied for refugee status to the Defendant on November 2, 2016.
B. On November 9, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to 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 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. On December 1, 2016, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on February 24, 2017.
[Reasons for Recognition] Facts without dispute, Gap 2, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On January 2, 2013, the Plaintiff asserted that he was the back of his father who attempted to assault himself. The father’s father was her head and died, which led to the death of his father. The father’s relative was about to kill the Plaintiff.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner 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.
(Article 2 Subparag. 1 of the Refugee Act). However, even if the plaintiff's assertion is acknowledged, the threat of the plaintiff's threat is a member of a race, religion, nationality, or a specific social group.