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 September 8, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Morocco’s nationality (hereinafter “Morocco”) and applied for refugee status recognition to the Defendant on October 16, 2017 (hereinafter “instant application”).
B. On November 22, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fears 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 cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on November 23, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap's evidence of subparagraphs 1 through 4, and Eul's evidence of subparagraphs 1 through 4, and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was that he was a professional axis player in Morocco, a nationality state, and did not receive benefits from the Gu’s organization.
Accordingly, the plaintiff made an objection against the owner of the Gu's team, and the owner of the Gu's team made intimidation to the plaintiff, and the owner of the Gu's team actually made a threat to the plaintiff's O'toba, and the people who seem to have employed the Gu's team.
Therefore, even if the Plaintiff’s return to Moroc is likely to pose a threat to the life or body of Moroc, the Defendant’s disposition that rejected the Plaintiff’s application for recognition of refugee status should be revoked as it 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 Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” is a well-founded fear of being recognized as being detrimental to the State of nationality for reasons of race, religion, nationality, membership of a particular social group, or political opinion.