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. On May 28, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 28, 2016, and applied for refugee status to the Defendant on May 31, 2016.
B. On June 22, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on July 20, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s Plaintiff’s assertion was the village head, but the village head was unable to perform the family head’s duty on the ground of disease around 2013, and the village head decided that the Plaintiff succeeds to this.
In the process of the family head succession, there is a procedure for the plaintiff to take the person as a sacrifice in the process of the family head succession, and the plaintiff refused such a family head succession procedure.
Then, the village center killed the plaintiff's denial, and the plaintiff escaped from his house to his house, and resided in his relative house on October 10, 2015, discovered a trace of intrusion by the outside person on the house in which the plaintiff resided.
For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.
B. 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, a State of nationality cannot be protected due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.