난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In the course of the disposition, the following facts: short-term visit of sojourn status (C-3, 30 days) on October 19, 2016 to the Republic of India (hereinafter “instant disposition”) refugee status application (hereinafter “instant disposition”) on the date of application on January 17, 2017: (i) the date of application for refugee status recognition; (ii) the date of the decision on February 22, 2018; (iii) there is no dispute over the grounds for recognition of refugee status status not being recognized: the fact that there is no ground for rejection of the decision of the decision of the Supreme Court on March 27, 2018; (iv) the evidence No. 1 through 3; and (v) the evidence Nos. 1 and 2; and (v) the purport of the entire pleadings as a whole.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is located in Pakistan and the border area. The Plaintiff’s altitude threatened the residents of Pakistan by entering the Plaintiff’s high-speed village into a Islamic bridge, forcing the village residents to enter into a Islamic bridge, or leave the village.
In order to avoid such threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the Plaintiff entered the Republic of Korea and applied for recognition of refugee status is unlawful.
B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.
“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”
Dolls, Eul evidence Nos. 3 and 4, and the whole purport of the pleadings are revealed.