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 July 3, 2015, a foreigner of nationality entered the Republic of Korea with a short-term visit (C-3) sojourn status on July 3, 2015, and applied for refugee recognition to the defendant on July 17, 2015.
B. On August 13, 2015, 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 September 1, 2015, the Plaintiff filed an objection with the Minister of Justice on September 1, 2015, but the said objection was dismissed on December 14, 2015.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion was boomed by the government twice on the ground that he joined the same-sex organization of SMUG and joined the same-sex organization of SMUG, and the plaintiff was boomed by confinement, etc., and the plaintiff was boomed by the government.
They return to Korea on the ground of the status of members of a specific social group, such as members of the same-sex or same-sex group.
It is feared that the government and the family members of the cartol may be stuffed by the government.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful.
B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or who do not want to be protected by the country of nationality due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee status.