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 May 19, 2015, the Plaintiff entered the Republic of Korea with visa exemption (B-1) status on May 19, 2015, and applied for refugee recognition to the Defendant on June 9, 2015.
B. On November 24, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from 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 appealed and filed an objection with the Minister of Justice on December 10, 2015, but the Minister of Justice dismissed the Plaintiff’s objection on October 27, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was that the Plaintiff was suffering from flusty, which accounts for most parts of the Morocco as a Morocco, solely on the ground that it is a Maternos forest.
Therefore, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the event that the plaintiff returned to Morocco, should be deemed unlawful.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to or do not want to return to the country of nationality, which had resided in the Republic of Korea before entering the Republic of Korea, should be recognized as a refugee, and the requirements for recognition of refugee.