난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff is well-known in the course of the disposition.
On March 22, 2015, the Republic of Korea (hereinafter “C-3”) entered the Republic of Korea as a foreigner of her nationality, and applied for refugee status to the Defendant on March 27, 2015.
On May 13, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
The Plaintiff received a notice of decision on non-recognition of refugee status on July 11, 2016 and filed an objection with the Minister of Justice on August 9, 2016, but was dismissed on the same ground as of December 22, 2016.
On February 27, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that the Plaintiff was arrested by the same-sexs in the police around 2014, and the Plaintiff was the same-sexs, and the Plaintiff’s question was spreaded.
For the reason that the plaintiff is same-sex, there is a risk of suffering from gambling from the government and village people.
The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, are unable to be protected of the country of nationality or do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.