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 September 16, 2017, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) from September 16, 2017, and applied for refugee recognition to the Defendant on October 16, 2017.
B. On February 14, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff 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.
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’
The Plaintiff was requested to join C from the members of B and C, who are residents of the same village, in the Kazaktan, and refused to join C, and was subjected to assault several times from the members of B and C from April 2017 to September 2017, and was also threatened by telephone.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Korea with Kazaktan.
B. Determination 1 “Refugee” does not want to be protected or 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.