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 June 1, 2017, the Plaintiff entered the Republic of Korea with tourism and Tong (B-2) sojourn status on June 1, 2017, and applied for refugee status to the Defendant on June 13, 2017.
B. On September 28, 2018, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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 Relating to the Status of Refugees.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff operated the restaurant and the food store in the remaining public space. On February 26, 2017, the Plaintiff suffered damages from the group of “B” organizations that are foreign-suspected organizations, namely, the Plaintiff’s restaurant and the food store, and the said restaurant and others suffered from fire.
Therefore, in the case where the plaintiff returned to Korea due to the remaining public, the remaining public officials were in a flexible situation, and there is a well-founded fear that even though they acquired the remaining public nationality, the plaintiff who was a foreigner's origin would suffer from persecution, and thus, the disposition of this case, which did not recognize the plaintiff as a refugee on different premise, is unlawful.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she resided before entering the Republic of Korea due to such fear.