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 August 29, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on August 29, 2017, and applied for refugee status to the Defendant on September 19, 2017.
B. On October 19, 2017, 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 November 22, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on June 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is the astronomical believers of B’s origin. The Plaintiff’s father, who was the president of the traditional village religion, who was the Plaintiff’s father, died around August 5, 2016, forced the Plaintiff to succeed to the president’s position, and the Plaintiff’s murdered.
In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances 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, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, cannot be protected of the country of nationality or do not want the protection of the country of nationality, or by such fear, have resided before entering the Republic of Korea.