난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 9, 2016, the Plaintiff entered the Republic of Kenya (hereinafter “Kenya”) as a foreigner of the nationality of the Republic of Kenya, and applied for refugee recognition to the Defendant on September 19, 2016, after entering the Republic of Korea as a short-term visit (C-3) sojourn status.
On October 6, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be detrimental to the State” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).
The Plaintiff filed an objection with the Minister of Justice on October 24, 2016, but was dismissed on February 24, 2017.
On May 19, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion is that the Plaintiff is a fluorian, and the Plaintiff has already denied five fluorians before her birth, and the Plaintiff agreed to allow male and female 65 years of age and fluorians of 40 or more than the Plaintiff to marry.
Plaintiff
After the death of Maternos, the men of Maternos threatened the Plaintiff to implement the marriage promise.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality due to such fear, or who, owing to such fear, could not return to or does not want to return to the country in which he had resided before entering the Republic of Korea.