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 13, 2012, the Plaintiff entered the Republic of Korea with the status of stay for general training (D-4) on July 13, 2012, and applied for refugee recognition to the Defendant on September 28, 2017 (hereinafter “instant application”).
B. On April 25, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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. On June 1, 2018, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on September 14, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul 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 the temporary member of B, who was an organization pursuing the independence of the non-fra region in the Republic of Korea in its original Austria, but became a full member of B while staying in the Republic of Korea around February 2016.
In addition, the plaintiff was threatened with the threat of illegal terrorist groups C in Austria.
Therefore, since there exists a well-founded fear that the Plaintiff would be subject to gambling by the Austrian Government and C when the Plaintiff returned to ASEAN, the instant disposition that did not recognize it on a different premise is unlawful.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear, or a country in which he/she has resided.