난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Entry into the Republic of Korea - Entry into the Republic of Korea on April 19, 2014 (Status C-3): Application for recognition of refugee status: May 25, 2017;
B. Defendant’s decision to recognize refugee status as of April 9, 2018 (hereinafter “instant disposition”): The ground does not constitute a sufficiently-founded fear that the refugee status will be harmed as prescribed in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): The entry in the evidence No. 1 and the purport of the entire pleadings (based on recognition)
2. Whether the disposition is lawful;
A. The plaintiff's assertion was a threat of government opposing the independence of the English sphere area on the ground that he participated in the demonstration for the independence of the English sphere area from the English sphere area in the Republic of Korea. Therefore, the plaintiff's assertion is likely to be persecution in the event that the plaintiff returns to Kamera, and constitutes a underlying promulgation.
Therefore, the instant disposition is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or who, owing to such fear, are unable to return to the country of nationality, or who, owing to such fear, does not want to return to the country of nationality, which has resided in the Republic of Korea, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom, and a foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of such persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).