난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 6, 2016, the Plaintiff entered the Republic of Kenya (hereinafter “Kenya”) as a foreigner of the nationality of the Republic of Kenya, and applied for refugee recognition to the Defendant on February 22, 2016, after entering the Republic of Korea as a short-term visit (C-3) sojourn status.
On February 25, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
The Plaintiff received a notice of decision on non-recognition of refugee status on March 2, 2016 and filed an objection with the Minister of Justice on March 28, 2016, but was dismissed on the same ground on December 22, 2016.
On February 16, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is the slinian, and the father of the slin-slin-slin-slin-slin expressed intimidation that the Plaintiff would die unless the father of the Plaintiff
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of a refugee are satisfied.