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 April 15, 2017, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of Malaysia, and applied for refugee status recognition to the Defendant on June 29, 2017 (hereinafter “instant application”).
B. On January 30, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on February 27, 2018, but the Minister of Justice dismissed the objection on May 27, 2019.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 4, and Eul evidence 1 through 3, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff had tried to perform a restaurant operated by the Malaysia, which is a nationality State, but the Plaintiff sought and threatened 4-5 people who possessed arms to find and put them on the restaurant.
Accordingly, the plaintiff has entered the affected Republic of Korea.
Therefore, the defendant's disposition of this case, which did not accept the plaintiff's application for refugee status, should be revoked as it is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” does not want to return to the country of nationality or to the country in which he/she resided before entering the Republic of Korea due to well-founded fear to recognize that he/she may be detrimental to the protection of the country of nationality on the grounds of race, religion, nationality, membership of a particular social group, or political opinion.