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 June 2, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on June 2, 2016, and applied for refugee status to the Defendant on June 21, 2016.
B. On October 4, 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 was notified of the instant disposition on October 17, 2016, and filed an objection with the Minister of Justice on November 16, 2016, but the said objection was dismissed on February 24, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that he was asked from his father and village people to sacrifies, but the plaintiff refused the request as a sacrinist, and was threatened by the village people that he would die if he continued to refuse the request.
In addition, the plaintiff refused to sacrifice in the new era, and died after being killed by being frightened and frightened by the marriage of the previous years.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.