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 December 26, 2015, the Plaintiff, a Moroc nationality, entered the Republic of Korea as the status of stay for visa exemption (B-1).
B. On September 11, 2017, the Plaintiff filed an application for refugee status with the Defendant. On September 20, 2017, the Defendant rendered a decision on refugee status refusal (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 filed an objection with the Minister of Justice on September 28, 2017, but the said objection was dismissed on March 21, 2018.
[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was originally slicked, but it was threatened by the residents of the non-slick village since the Plaintiff became slick, and the person who became slick in the slick forest is difficult to live in Morocco.
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) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected 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 a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act) and who is a requirement for refugee recognition, such as a threat to life, body or freedom, is seriously infringing on the essential human dignity.