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 1, 2010, the Plaintiff entered the Republic of Korea as a non-professional (E-9) foreigner with four arms, and stayed in the Republic of Korea. On February 10, 2015, the Plaintiff applied for refugee status to the Defendant.
B. On February 25, 2015, the Defendant issued a disposition to recognize 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”).
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion and the Plaintiff’s parents are members of the Nepalilics. On August 2014, when the Plaintiff was staying in the Republic of Korea, the Plaintiff’s claim and the Plaintiff’s parents made intimidation that the Plaintiff’s union members demanded donations from the Plaintiff’s parents and the Plaintiff’s union members should also join the SJM. < Amended by Act No. 12514, Aug. 2, 2014>
In the event that the Plaintiff returned to the Republic of Korea, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of persecution by political opinion was unlawful.
(b) Attached Form of relevant statutes;
C. (1) 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 do not want the protection of 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 is against the essential human dignity, including threats to life, body or freedom.