난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Nationality: Kazaktan - Entry: August 23, 2016 (Status B-1): Application for recognition of refugee status: March 13, 2017
B. Defendant’s decision on the recognition of refugee status as of July 21, 2017 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that a person would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): The purport of the written evidence Nos. 2 and 3 of the Refugee Convention and the entire pleadings is as follows.
2. Whether the disposition is lawful;
A. The plaintiff's assertion is a threat to the plaintiff's face on the ground that the plaintiff's homicide's face was considered, so there is sufficient possibility that the plaintiff might be stuffed in the event that the plaintiff returns to Kazakhstan, and this constitutes a reasonable fear.
Therefore, the instant disposition is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, 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, are unable to be protected of the country of nationality or who, owing to such fear, are unable to return to the country of nationality or who resided in the country of nationality before entering the Republic of Korea, or who does not want to return to the country of nationality. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body or freedom, and thus, a foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).