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.
A foreigner of nationality entered the Republic of Korea on May 15, 2012 by a visa for short-term visit (C-3, and 90 days of stay), and on April 22, 2014, filed an application for refugee status with the Defendant.
B. On May 20, 2014, 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”).
C. On June 3, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on April 2, 2015.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father’s assertion has long been far old.
The main personnel of Edddic(FDC) who was the party in the Republic of Korea, and the plaintiff was also responsible for FDC activities from around 2005 to his father's influence.
On February 18, 2011, the Plaintiff died after being arrested on the ground that his father is a FDC party member, and the Plaintiff was arrested and detained after the election and was subject to adviser.
On July 10, 2011, the Plaintiff was prosecuted for charges of insurrection, illegal assembly, riot inducement, etc., and was released as a release on bail thereafter. On May 13, 2012, the arrest warrant against the Plaintiff was issued on August 15, 2012 after departure from the Republic of Korea to apply for refugee status.
Therefore, the plaintiff is likely to do so.
In the event of return to Korea, the instant disposition that did not recognize the Plaintiff as a refugee despite the risk of persecution on the grounds of political opinions is unlawful.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. (1) Determination (1) Article 2 Subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol.