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 March 24, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on March 24, 2016 and stayed, and applied for refugee status to the Defendant on April 5, 2016.
B. On April 27, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on May 10, 2016, but was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 23, 2017.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff is entitled to succeed to the status of a satisfaction upon the request of the only son, who is the head of the village and the head of the village, to succeed to the status of the satisfaction, at the same time as the head of the village, while the great son, who is the head of the village in Kamera, died, and who is the head of the village and the head of the memorial. However, the plaintiff refused the request, which was threatened with murder by the head of the village and the head of the family.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
(b)(1) Determinations: (a) Article 2 Subparag. 1 of the Refugee Act; and (b) refugee status means entry into the Republic of Korea due to well-founded fear of being recognized as being likely to be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion; or due to such fear, a foreigner who is unable or does not want to be protected in the Republic of Korea.