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.
Nationality foreigners entered the Republic of Korea with short-term visit (C-3) sojourn status on February 18, 2017 and stayed in the Republic of Korea, and applied for refugee status to the defendant on March 8, 2017.
B. On April 17, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 22, 2017, but was dismissed on December 7, 2017, and the Plaintiff received a notice of dismissal decision on December 14, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is well-known.
The reason for the same-sexist is that it is threatened to the name-free and village residents.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.
B. Determination 1) Article 1 and Article 2 Subparag. 1 of the Refugee Act, the 1951 Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”)
Article 1. In full view of the provisions of Article 1 of the Protocol relating to the Status of Refugees and Article 1 of the 1967 Protocol, the Minister of Justice shall against a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of his country of nationality, or who, owing to such fear, is unable or does not want to return to the country in which he had resided before entering the Republic of Korea.