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 and the Plaintiff’s mother B are foreigners of their nationality.
The Plaintiff’s mother entered the Republic of Korea on May 17, 2016 and gave birth to C Date.
B. On October 23, 2017, the Plaintiff filed an application for refugee status with the Defendant. On June 20, 2018, the Defendant rendered a decision to grant refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Plaintiff’s mother applied for refugee status for the purpose of family combination on the ground that he/she applied for refugee status, but the Plaintiff’s mother was subject to a disposition not to grant refugee status, and the Plaintiff also received a disposition not to grant refugee status.”
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 29, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on February 14, 2019.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s mother’s assertion constitutes a refugee, and the Plaintiff ought to be recognized as a refugee in accordance with the family-combined principle.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee on different premise should be revoked as it is unlawful.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 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 Minister of Justice should recognize a foreigner, if so requested, who is unable to obtain protection of the country of nationality or does not want to obtain 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 who, owing to such fear, cannot return to, or does not want to return to, the country of nationality before entering the Republic of Korea.