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 3, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on October 3, 2015, and applied for refugee status to the Defendant on October 23, 2015.
B. On January 11, 2016, 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 filed an objection with the Minister of Justice on February 5, 2016, but the said objection was dismissed on the same ground as October 27, 2016.
[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 the Plaintiff served as a soldier as a reporter. Around August 2015, the Chief Commander issued an order to reflect on the grounds that Bobane, a terrorist group, caused a terrorist attack in the U. S. S.A., but the said village is a large number of residents of the U.S., and it is a kind of retaliation to attack the said village as it has already been left the Bobane, and it was rejected without complying with the said order.
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 may 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 resided before entering the Republic of Korea due to such fear.