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 September 10, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Algeria nationality with a short-term visit (C-3) sojourn status on September 10, 2017.
B. On September 25, 2017, the Plaintiff applied for refugee status to the Defendant. However, on October 15, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff had been on duty as a driver of scrails in his own country, and the Plaintiff had been on duty around May 2017 at the head of the Dong fee, which was in front of scrails, and the steel pipe fell off, resulting in the Plaintiff’s death.
The surviving family assaulted the plaintiff's subsidiary or the plaintiff's family, and threatened the plaintiff's family, and the plaintiff's tea and house were frightened.
In the event that the Plaintiff returned to Algeria, the instant disposition that the Plaintiff did not recognize as a refugee despite the risk of persecution in the above circumstances is unlawful.
B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, includes threats to life, body, or freedom.