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 April 18, 2015, the Plaintiff entered the Republic of Korea on April 18, 2015, and applied for refugee status to the Defendant on February 29, 2016.
B. On May 31, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on June 13, 2016, but was dismissed on April 21, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion was that the Plaintiff participated in the demonstration as a member of the Umma party in his own country or participated in the demonstration to the people, and conducted different talks with the Umma and expressed the actual state of Umma war.
Accordingly, it is under the persecution of its government.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee 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, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee. “persecution” which is a requirement for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and the foreigner applying for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity.” 2).