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 19, 2010, the Plaintiff entered the Republic of Korea with his/her nationality as a non-professional employment (E-9) status, and left Korea on February 17, 2014, and stayed again on March 18, 2014, and filed an application for refugee status with the Defendant on April 27, 2015.
B. On November 27, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in 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”).
C. The Plaintiff appealed to the Minister of Justice on December 11, 2015, but the foregoing objection was dismissed on March 23, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was staying in the Republic of Korea and visited four arms on or around February 2014, and the organization called Samyukta Mukti Mscha strongly demanded to find the Plaintiff and pay the contribution, and made a physical threat.
Before that, the plaintiff and his family members were forced to make a contribution several times from SM and were threatened with intimidation, but the intimidation received around February 2014 was likely to cause a threat to life.
In the event that the Plaintiff returned to the Republic of Korea, the instant disposition that the Plaintiff did not recognize as a refugee despite the risk of persecution for the said reason 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, and Article 1 of the Refugee Protocol, the protection of nationality countries due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.