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 a foreigner of Algeria nationality.
On September 2, 2019, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 2, 2019, and applied for refugee status to the Defendant on September 23, 2019.
B. On October 2, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that there is a well-founded fear that the Plaintiff’s assertion would be subject to persecution as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the Plaintiff could not repay the money borrowed from the Plaintiff, and that the obligee could kill the Plaintiff by sending four friendships with the Plaintiff’s house around December 2018.
After that, the threat of murder by the creditor continued, the plaintiff left the country of Algeria, entered the Republic of Korea through Malaysia, and applied for refugee status.
Therefore, even though there is a well-founded fear that the plaintiff would suffer from persecution when he returns to Algeria, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked because it is unlawful.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice may not return to, or return to, a foreigner who, owing to such fear, is unable to obtain protection of the country of nationality or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of