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 August 4, 1994, the Plaintiff, a foreigner of the Republic of Korea, entered the Republic of Korea as a sojourn status for technical training (D-3) on August 4, 1994, and applied for refugee status to the Defendant on June 9, 2016.
B. On August 4, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 12, 2016. However, on February 24, 2017, the Plaintiff received a notice of dismissal decision on March 21, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff was a slovasist, and the former Maslovasist was joined as Islamic organization, and the Plaintiff was also required to be married to the Plaintiff after the Plaintiff joined Abu Saf as a Islamic organization.
As the plaintiff refused this, the former matrimonial engagement threatened the plaintiff's parent to kill the plaintiff.
If the plaintiff returned to the Philippines, there is a risk of being killed by a Matrimonial engagement.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.
(b)(1) Determination (1) Article 2 subparagraph 1 of the Refugee Act, refugee status means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion, or due to such fear.