난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Entry of Russia - Entry into the Republic of Korea on April 3, 2017 (Status B-1): Application for recognition of refugee status: May 4, 2017;
B. Defendant’s decision to recognize refugee status as of May 25, 2017 (hereinafter “instant disposition”): A’s decision to recognize refugee status as of May 25, 2017 (hereinafter “instant disposition”): A cannot be recognized as having a sufficiently-founded fear that the Plaintiff would be subject to persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (which is grounds for recognition) (Article 1, 1, 1, and the purport of the entire pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion was threatened to his/her body, such as being assaulted by a male-parent body selling narcotics and being demanded to pay money. Thus, there is sufficient possibility that the plaintiff might be stuffed when he/she returns to his/her country, and this constitutes a reasonable fear.
Therefore, the instant disposition 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, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or who, owing to such fear, or who, owing to such fear, cannot return to the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, or who did not want to return to the country of nationality, must be recognized as a refugee. The requirement for recognition of a refugee refers to acts causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom, and thus, a foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of such persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013). 200