난민불인정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
(a) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee – Entry into the Republic of Korea: Kazaktan - Entry: November 23, 2016 (Status B-1): Application for recognition of refugee status: February 8, 2017
B. Defendant’s decision on the recognition of refugee status as of September 4, 2017 (hereinafter “instant disposition”): A ground may not be recognized that the Plaintiff has “a sufficiently-founded fear that he/she would suffer from persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (hereinafter “instant disposition”): Each entry in the evidence Nos. 1 through 5 and the purport of the entire pleadings (based on recognition)
2. Whether the disposition is lawful;
A. The plaintiff's assertion and his/her spouse are Islamic U.S. and have been threatened by coercion of species from Islamic U.S. as Islamic U.S., so it is highly likely that the plaintiff will face imminent harm if he/she returns to the country of nationality.
Therefore, the instant disposition is unlawful.
B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality 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, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.
(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.
(see Supreme Court Decision 2012Du14378, Apr. 25, 2013). The following circumstances acknowledged by the respective descriptions of evidence Nos. 4 and 5 and the purport of the entire pleadings are as follows, namely, the Plaintiff himself/herself in the application for refugee status.