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 14, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on April 14, 2015, and applied for refugee recognition to the Defendant on May 14, 2015.
B. On October 20, 2015, the Defendant issued a disposition of non-recognition of 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. As to this, the Plaintiff filed an objection with the Minister of Justice on November 10, 2015, but was dismissed on March 23, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On January 2, 2015 and February 28, 2015, the Plaintiff asserted that he/she was assaulted by Lashar-e-Equipment (hereinafter referred to as “LeJ”) from Lasararar-Jangvi, an armed forcer of a hydropha on January 2, 2015 and February 28, 2015.
If the plaintiff returns to his own country, the disposition of this case which did not recognize the plaintiff as a refugee even though it was likely to be imprisoned by the hydropath armed forces on the ground that the plaintiff is a Sipathic forest 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, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by 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 refugee, and “persecution” which is the requirement for recognition of refugee status, includes threats to life, body or freedom, and also serious infringement or discrimination against essential human dignity.