난민불인정처분취소
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 December 29, 2016, the Plaintiff applied for refugee recognition to the Defendant on January 10, 2017, after entering the Republic of Korea with the status of stay for general tourism (C3-9) on December 29, 2016.
B. On January 31, 2017, the Defendant rendered a decision of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of 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, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on February 7, 2017, but was rendered a final decision dismissing the Plaintiff’s application on July 18, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In 2008, the father and the third village of the Plaintiff’s assertion died while the father and the third village operated the YA.
Since 2010, the plaintiff changed his father's son's son's son's son's son's son's son's son's son.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. The term “refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.
(Article 2 subparag. 1 of the Refugee Act). The following grounds are acknowledged by the purport of all evidence and arguments mentioned above.