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 March 22, 2004, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status as a foreigner of the nationality of the Republic of Austria (hereinafter “ASEAN”), and filed an application for refugee status with the Defendant on September 9, 2015.
B. On November 25, 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 filed an objection with the Minister of Justice on January 7, 2016, but the said objection was dismissed on May 31, 2016.
[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 3 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that the Plaintiff’s punishment was dead on 1998, and the Plaintiff was also found to have died one week after the Plaintiff was missing on 2002.
The plaintiff and the mother of the plaintiff were the members of the church pastor who were the father of the plaintiff's non-confidential organization and were the members of the plaintiff's punishment and sacrifice, and the plaintiff was the following sacrifice, and they were the members of the plaintiff's punishment and sacrifice.
Therefore, the disposition of this case which the plaintiff did not recognize as a refugee is unlawful despite the possibility that the plaintiff might be stuffed, such as being threatened with murder by his father who is a member of a confidential local organization, when the plaintiff returns to his own country.
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, a full well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion is made.