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 February 25, 2015, the Plaintiff entered the Republic of Korea on February 25, 2015, and applied for refugee status to the Defendant on August 5, 2016.
B. On October 14, 2016, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from 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. As to this, the Plaintiff filed an objection with the Minister of Justice on October 24, 2016, but was dismissed on December 7, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion lies in the fact that the Plaintiff was directly threatened by the IS in his own country, and the Plaintiff was accompanied by the ASP soldiers.
In the country of nationality, the Sispathic forest may be killed by the Sispathic forest because it does not refuse to do so and the plaintiff may be killed by the Sispathic forest.
The plaintiff cannot return to its home country as such problems.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee 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, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status, includes threats to life, body or freedom, and also serious infringement or discrimination against essential human dignity.