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 October 29, 2014, the Plaintiff entered the Republic of Korea without a visa on October 29, 2014, and applied for refugee status to the Defendant on November 4, 2014.
B. On January 23, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on March 3, 2015, but the said objection was dismissed on the same ground as March 23, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1 through 4, Eul 1, Eul 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that he had a religious faith with the efficiology around spring of 1999. On or around 2002, the plaintiff transferred the plaintiff to the neighboring person, and he was able to report the plaintiff to the police and received a confluence in the public peace.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff would be injured due to the full-time teaching activity when the plaintiff returned to China is high.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. The phrase “persecution” which is a requirement for recognition of refugee status 1 is a threat to life, body, or freedom.