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 a foreigner of Austrian nationality.
On September 27, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee recognition to the Defendant on October 14, 2016.
B. On October 17, 2017, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion would be subject to 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”) on the ground that there is a well-founded fear that it would be subject to persecution as a requirement for refugee status.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 13, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.
On September 19, 2018, the Plaintiff received a notice of dismissal decision of an objection.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff was threatened with arrest and murder by the federal government and military forces due to the development issues of the Austria region as a member of ASEAN B.
Therefore, it is clear that the Plaintiff would suffer from persecution for the above reasons. Therefore, the Defendant’s disposition of this case, which did not recognize the Plaintiff as a refugee on a different premise, should be revoked as unlawful.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the Minister of Justice is a foreigner who is unable or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or a foreigner who does not want the protection of the country of nationality.