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 August 27, 2015 as a foreigner of the nationality of the Republic of ASEAN (Federia, hereinafter referred to as “Naria”), who entered the Republic of Korea with the status of stay C-3 (short-term visit).
B. On September 7, 2015, the Plaintiff filed an application for refugee status with the Defendant, but the Defendant, on December 28, 2015, issued a disposition on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “profuges that there are sufficient grounds for fear of persecution” as stipulated in 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 January 29, 2016, 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 on October 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, 5 and 6 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. Both the Plaintiff’s assertion and the Plaintiff’s family members are chronologys.
The plaintiff's mother was residing in B located in the Northern East Eastdong, but on April 4, 2015, C was killed at the time of attacking the village.
If the plaintiff return to his own country as a senior citizen, it is likely to be threatened with C with life or physical freedom.
Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.
B. Article 2 Subparag. 1 of the Refugee Act is a well-founded fear to recognize that refugee status may be respected on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion.