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.
On September 5, 2015, a national foreigner entered the Republic of Korea as a short-term visit (C-3) sojourn status and stayed, and applied for refugee status recognition to the defendant on September 10, 2015.
B. On December 14, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to 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.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on January 26, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on February 16, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is not a same-sex, but was threatened with murdering by the same-sexs while entering the same-sexs with the same-sexs.
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 grounds of race, religion, nationality, membership of a specific social group or political opinion.
B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.
At this time, the foreigner is entitled to receive.