난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a Vietnamese foreigner.
On June 21, 2016, the Plaintiff applied for refugee status to the Defendant.
On July 28, 2016, the Defendant rendered a decision not to recognize refugee status on the ground that “a well-founded fear of persecution” against the Plaintiff is not recognized.
(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence Nos. 1 to 4, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The instant disposition is unlawful, since it is likely to be threatened by the male-child relationship who had returned to the Plaintiff in Vietnam.
B. The term “refugee” refers to 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 a stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.
(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution should be attested by a foreigner who files an application for recognition of refugee status.
(see, e.g., Supreme Court Decision 2013Du14269, Mar. 10, 2016). There is no evidence to deem that there is a well-founded fear of persecution for reasons of race, religion, nationality, status as a member of a specific social group or political opinion when the Plaintiff returned to a country of nationality.
The plaintiff's reason is the concern that he will be the victim of a private criminal act, and the argument itself is based on race, religion, nationality, status or political opinion as a member of a specific social group.