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. The plaintiff is well-known.
On March 22, 2015, a national of the Republic of Korea (hereinafter referred to as “Korea”) filed an application for refugee status with the Defendant on March 27, 2015, after entering the Republic of Korea.
B. On April 5, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “a sufficiently well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff filed an objection with the Minister of Justice on May 17, 2017, but was dismissed on December 7, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is the same-sex child.
U.S.C.
In the case, gambling, such as beating and confinement of same-sexs, is boomed and friendly.
Since the government does not provide any protection to same-sexs, the plaintiff is likely to do so.
In case of return to Korea, there is a high possibility of suffering from the same-sex gambling from the people.
Therefore, even though the Plaintiff’s status as a member of a specific social group constitutes a refugee suffering from persecution, the instant disposition taken on a different premise is unlawful.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice may not return to, or does not want to return to, any foreigner who, owing to such fear, is unable to obtain protection of the country of his nationality or who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, does not want such protection of the country of his nationality.