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. The plaintiff is well-known.
On May 22, 2012, the Republic of Korea entered the Republic of Korea with short-term visit (C-3) sojourn status on May 22, 2012, and applied for refugee status to the Defendant on June 26, 2012.
B. On March 14, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear that he 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”).
C. On March 25, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 16, 2014.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is well-known.
The reason why he was kidnapped to the LRA and forced labor was that he had committed an act of resistance.
Since the government's risk of persecution exists, the defendant's disposition of this case made on different premise is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. (1) According to Article 2 subparag. 3 of the Immigration Control Act and Article 76-2(1) of the Immigration Control Act, in order to be recognized as a refugee under the Immigration Control Act, a person who is outside his/her country of nationality due to well-founded fear of persecution for reasons of race, religion, ethnicity, membership of a specific social group or political opinion, which is a refugee requirement under Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol, and is unable to obtain the protection of his/her country of nationality or who does not want to obtain the protection of his/her country of nationality due to such fear. In such a case, the requirements for recognition of refugee are the requirements.