난민불인정처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On June 22, 2019, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status on June 22, 2019, and applied for refugee recognition to the Defendant on August 21, 2019.
B. On September 6, 2019, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees. The Plaintiff was notified of the said decision on October 14, 2019.
(c)
The Plaintiff filed an objection against the instant disposition with the Minister of Justice on November 12, 2019, but was dismissed on August 20, 2020.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the Plaintiff lost a bank containing an identification card, etc. in a bus around 2018. Since then, the Plaintiff’s loan of USD 23,854 was implemented in the name of the Plaintiff, and was threatened by the Plaintiff upon the lapse of about one year from the time when the bank was lost.
The plaintiff was allowed to enter the Republic of Korea to apply for refugee status by avoiding such threat, and the disposition of this case which did not recognize the status of refugee to the plaintiff is unlawful.
B. (1) Determination (1) The term “victim” is likely to be detrimental on grounds of race, religion, nationality, status as a member of a particular social group, or political opinion.
A foreigner who is not entitled to, or does not want to, the protection of a State of nationality due to well-founded fear of fear, or a person who is not entitled to, return to, or does not want to return to, a State in which he resided before entering the Republic of Korea (Article 2 subparag. 1 of the Civil Code). Here, such fear is the case.