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 15, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) status on May 15, 2017, and applied for refugee status to the Defendant on June 8, 2017.
B. On March 2, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that, as to the Plaintiff, it cannot be recognized as “a sufficiently-founded fear of being injured” 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.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on April 16, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.
On February 18, 2019, the Plaintiff received a notice of dismissal of the said objection, and filed the instant lawsuit on May 14, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. After the Plaintiff’s father’s assertion died in around 2016, the Plaintiff’s father forced village senior citizens to marry with the Plaintiff according to tradition. The Plaintiff, who is a senior classian, was unable to respond to this, and thus, the villagers assaulted the Plaintiff, and threatened the Plaintiff to murder, and the Plaintiff escaped from Hungary by avoiding his or her territorial attack.
Therefore, even though the Plaintiff constitutes a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear that he/she is able to be injured on the ground of his/her membership in a religion or a specific social group, the instant disposition based on a different premise is unlawful.
B. Determination 1 'Refugee' is a well-founded fear that is likely to be detrimental to a person’s race, religion, nationality, status as a member of a particular social group, or political opinion, and thus, constitutes a country of nationality.