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 March 31, 2014, the Plaintiff entered the Republic of Korea on March 31, 2014, and applied for refugee status to the Defendant on September 25, 2016.
B. On June 22, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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. On June 23, 2016, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on February 24, 2017.
[Ground of recognition] Evidence Nos. 1 through 2, Evidence Nos. 1 through 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was refused to join a terrorist group as a member of the terrorist group B in his/her own country upon the request from the terrorist group B, which is a member of the terrorist group, and thus, is threatened by B.
Therefore, 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 refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and a foreigner applying for recognition of refugee status must prove that there is “confisently-founded fear” subject to such persecution, and arguments and arguments in subparagraphs 1 through 5.