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 January 4, 2017, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on January 4, 2017, and applied for refugee status to the Defendant on February 15, 2017.
B. On March 7, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 18, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on December 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion made an assault against the Plaintiff’s mother after drinking frequently, and the Plaintiff was also subject to multiple assaults.
In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of being affected by the plaintiff's father as such is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or 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, or who, owing to such fear, does not want to return to the country of nationality.
Here, the requirements for recognition of refugee status are met.