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 May 26, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on May 26, 2016 and stayed, and applied for refugee recognition to the Defendant on May 31, 2016.
B. On June 7, 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 25, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 3, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On April 28, 2014, the Plaintiff asserted that he/she joined a local group and borrowed money from a local group with his/her male punishment system as a sacrifice agents around October 1, 2015. The male punishment system died during the process of religious rites.
After one year thereafter, the plaintiff refused to demand another sacrific item from the local organization, and opened it with the sacrific post, and did not participate in the local group.
They are threatening to kill the plaintiff and are threatening to act.
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 specific social group constitutes a refugee suffering from persecution.
B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act, refugee status means the protection of a country of nationality due to well-founded fear to recognize that a person is likely to be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion.