난민불인정결정취소
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Details of the disposition;
A. The plaintiffs are those who are married to and are foreigners of each of the nationality of Uzbekistan, and the plaintiff A (hereinafter the "Plaintiff A") entered the Republic of Korea on January 28, 2004 and the plaintiff B (hereinafter the "Plaintiff B") on April 17, 2004.
B. On December 5, 2017, the Plaintiffs filed an application for recognition of refugee status with the Defendant. However, on March 6, 2020, the Defendant rendered a decision to deny refugee status (hereinafter “each of the instant dispositions”) on the ground that the Plaintiffs’ assertion against the Plaintiffs would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether each of the dispositions of this case is legitimate
A. Plaintiff 1’s assertion was investigated by SP from SP in 1999 on the grounds that Plaintiff 1 is a Cparty member, and was investigated by SPP around 2003 on several occasions at the police station around 2003, even if Plaintiff 1 moved to SPP to SP.
Plaintiff
2. In addition, during his stay in the Republic of Korea as a Cpolitical party member, he was active in activities such as publishing letters or articles of party members to the Internet in a foreign country.
In the event that the plaintiffs return to their home country, each of the dispositions of this case which did not recognize the plaintiffs as refugee even though they are likely to be stuffed due to the above circumstances is unlawful.
B. 1 The term “refugee” means 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 country in which he/she resided before entering the Republic of Korea due to such fear.