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 May 28, 2016, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on May 28, 2016, and applied for refugee recognition to the Defendant on June 22, 2016.
B. On June 23, 2016, 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 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 July 14, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on December 23, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the father of the plaintiff who was a village family head was killed, was proposed to succeed to the family head's status from the village head, and rejected it, and was detained by the village head's will, and led the plaintiff to the Republic of Korea.
If the plaintiff returned to Naria, there is a risk that it should be forced to succeed to the status of the village head.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a religion or a specific social group constitutes a refugee suffering from persecution.
(b)(1) Determinations: (a) Article 2 Subparag. 1 of the Refugee Act; and (b) refugee status means a foreigner who, owing to well-founded fear of being recognized as being likely to be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion, is unable or does not want to be protected from the country of nationality; or due to such fear, prior to entry into Korea.