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 May 23, 2019, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) from May 23, 2019, and applied for refugee recognition to the Defendant on June 12, 2019.
B. On July 17, 2019, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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.
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’
The Plaintiff borrowed money from the creditor called “B” because circumstances make it difficult for the Plaintiff to operate the store in Kazakhstan to properly pay the interest accrued thereafter, the above creditor threatened the Plaintiff by telephone, finding the Plaintiff’s house at the Plaintiff’s house, and assaulting her husband.
Therefore, inasmuch as there exists a well-founded fear that the Plaintiff’s return to Korea with Kazakhstan would be detrimental to the said obligee, the instant disposition that did not recognize it on a different premise is unlawful.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by a State of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or any such foreigner.