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 August 24, 2013, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on August 24, 2013, and applied for refugee status to the Defendant on September 5, 2013.
B. On June 17, 2014, 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. On July 24, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father, who is the deceased of the traditional religion alleged by the Plaintiff, placed the Plaintiff on confinement and food around November 2010. However, the Plaintiff, a Domincian, was thought to have attempted to carry out a traditional religious ceremony with the Plaintiff’s father’s death as a product of the Plaintiff, and the father, who was his father’s refusal to engage in a food and drink, fleded, and went back to China due to her mother’s learning, and went back to Korea.
In the event that the plaintiff returns to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of being harmed by reason of religion as above.
B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or who does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, must be recognized as a refugee, and the foreigner shall be recognized as a refugee.