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. The Plaintiff entered the Republic of Korea on May 27, 2017, with the status of stay C-3 (short-term visit) (short-term visit) of the Republic of Senegal (Roegal).
B. On July 20, 2017, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on September 26, 2017, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear of persecution” as prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).
C. On November 10, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground as on June 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings
2. The assertion and judgment
A. Both the Plaintiff’s assertion and the Plaintiff’s family members are Islamic believerss, and the Plaintiff began to associate with the former wife who had a newborn baby in around 2014, and thereafter, they were married with a female despite the opposition of the latter family members.
In February 2015, the former wife of the Plaintiff changed into Islamic school, but thereafter, the conflict between the Plaintiff and the Plaintiff’s family members continued.
The plaintiff, after being divorced from the former for economic reasons, is still not in a good relationship with his/her family, so it is difficult to return to the latter.
Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.
B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a refugee is a race, religion, nationality, and specific person.