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 October 13, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) status on October 13, 2015, and applied for refugee status to the Defendant on November 9, 2015.
B. On March 8, 2016, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On April 6, 2016, the Plaintiff filed an objection with the Minister of Justice, but the objection was dismissed on March 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff served as the progress of the “RDAIO 50” program, a national radio broadcasting station of the Democratic Republic of the Congo, for “B” (hereinafter “instant program”); and (b) on July 2015, the Plaintiff asked C professors, a party member of the Camp Party, to talk about how to improve the educational system; and (c) the said professor criticizeded the Government of the Democratic Republic of the Congo and the President.
Since the above remarks were broadcasted, C professors were arrested by the Democratic Republic of Congo authorities, and the Plaintiff was summoned from the Information Bureau of the Democratic Republic of Congo.
Therefore, in the event that the plaintiff returned to the Democratic Republic of the Congo, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful, despite the possibility of persecution by the Government of the Democratic Republic of the Congo due to the above circumstances.
B. Determination 1 'Refugee' is a well-founded fear that is likely to be detrimental to a person’s race, religion, nationality, status as a member of a particular social group, or political opinion, and thus, constitutes a country of nationality.