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 September 17, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 17, 2017, and applied for refugee recognition to the Defendant on October 13, 2017.
B. On October 14, 2019, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff received the instant disposition on October 30, 2019, and filed the instant lawsuit on January 14, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff joined B and worked as a security guard, and the Plaintiff was subject to violence to prevent the entry of the Empis into the membership, and subsequently was subject to intimidation.
Therefore, even though the Plaintiff constitutes a foreigner who is unable to receive or does not want to receive protection from a country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the ground of religion, the Defendant’s disposition of this case on different premise should be revoked in an unlawful manner.
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 specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (see Article 2 subparag. 1 of the Refugee Act. Meanwhile, “persecution,” which is the requirement for recognition of refugee status, is life, body or life.