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 November 24, 2015, the Plaintiff entered the Republic of South Africa (B-2) with the status of stay in the tourism route (B-2) and applied for refugee recognition to the Defendant on December 10, 2015.
B. On January 14, 2016, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff appealed and filed an objection with the Minister of Justice on February 17, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on September 9, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff operated a shop where the Plaintiff sold clothing in South Korea, but there was little thief who was victimized by theft, and was threatened with intimidation and assault by the husband before the Plaintiff’s wife.
Therefore, the Plaintiff should be deemed to have a risk of persecution in the event of return to South Korea, and the instant disposition, which did not recognize the Plaintiff as a refugee, should be deemed 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, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, does not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.