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 July 10, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Malaysia’s nationality, and applied for refugee status to the Defendant on September 14, 2017.
B. On December 28, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that, as to the Plaintiff, it cannot be recognized that the “ sufficiently based fears that he would suffer from persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees may not be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on January 11, 2019, but the Minister of Justice dismissed the objection on July 30, 2019.
On September 4, 2019, the Plaintiff received a notice of dismissal of the said objection, and filed the instant lawsuit on November 21, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that he joined an organization against narcotics and was threatened with kidnapping, etc. from Madia who mainly engaged in the sale of narcotics, and the plaintiff was also threatened with Malaysia, and the plaintiff was also threatened with Malaysia.
Therefore, the Plaintiff constitutes a foreigner who is unable to be protected or does not want to be protected by the country of nationality due to well-founded fear that he/she is able to be injured on the ground that he/she is a member of a specific social group, but the Defendant’s disposition of this case on a different premise should be revoked illegally.
B. Article 2 Subparag. 1 of the Refugee Act provides that “Refugees” shall not be protected by the country of nationality due to well-founded fear of recognizing 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.