난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 31, 2014, the Plaintiff entered Korea as a foreigner of the Republic of Canada (hereinafter referred to as “C-3”), and applied for refugee status to the Defendant on November 7, 2014, after entering Korea as a short-term visit (C-3).
On September 18, 2015, the Defendant filed an objection against the defect of the decision not to recognize refugee status. Upon dismissal of the objection, the Defendant filed a lawsuit to revoke the decision not to recognize refugee status by the court 2016Gudan9124, but was sentenced to the judgment against the Plaintiff on August 12, 2016, and the judgment against the Plaintiff became final and conclusive around that time.
On January 2, 2017, the Plaintiff filed an application for refugee status with the Defendant on February 6, 2017. On the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be 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”) (hereinafter “instant Disposition”).
On March 6, 2017, the Plaintiff filed an objection with the Minister of Justice on March 6, 2017, but was dismissed on June 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 4, and 7, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was from around 2009 to join the Korean National Council for the Southern Fame (SCNC) and to act as a general member. Around June 2012, the Plaintiff participated in an anti-government demonstration once.
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 are unable to obtain protection of the country of nationality or do not want the protection of the country of nationality due to well-founded fear of being injured for reasons of race, religion, nationality, membership of a particular social group or political opinion, or such fear.