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 is well-known.
A foreigner of nationality entered the Republic of Korea on October 10, 2014, and applied for refugee status to the defendant on October 28, 2014.
B. On November 22, 2016, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against 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. As to this, the Plaintiff filed an objection with the Minister of Justice on December 23, 2016, but was dismissed on July 18, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is the risk of suffering from gambling in his own country due to the same-sexness of the Plaintiff.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) Article 1 and Article 2 Subparag. 1 of the Refugee Act, and the 1951 Convention on the Status of Refugees (hereinafter “Refugee Convention”)
) In full view of the provisions of Article 1 of this Act and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall recognize a foreigner as a refugee under the Refugee Convention if there is an application with respect to a foreigner who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable to obtain the protection of the country of nationality or does not want the protection of the country of nationality, or who, owing to such fear, is unable to return to, or does not want to return to, the country of nationality.
In this case, the term “specified social group” is a congenital characteristic, unexpected common history, characteristics or religion that form an individual’s identity or conscience.