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 January 27, 2015, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on January 27, 2015 and stayed, and applied for refugee recognition to the Defendant on January 29, 2015.
B. On November 20, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees. On December 3, 2015, the Plaintiff received a notice of decision to recognize refugee status on December 3, 2015.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 28, 2015, but was dismissed on September 9, 2016, and the Plaintiff received a notice of dismissal decision on January 31, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 (including virtual numbers), Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was the believers of the Maternology, and that he was ordered to destroy the believerss in the direction of his father, and destroyed the Materns and believers, and thereafter, the Plaintiff was faced with the threat that he should make the Plaintiff the sacrific agents as the sacrific agents in order to reconstruct the believers from the head of the Maol Village Youth and the head of the Matern.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.
(b)(1) Determinations: (a) Article 2 Subparag. 1 of the Refugee Act; and (b) refugee status means a foreigner who, owing to well-founded fear of being recognized as being likely to be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion, is unable or does not want to be protected from the country of nationality; or due to such fear, prior to entry into Korea.