난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In the course of the disposition, on February 18, 2017, the date of entry into the Republic of Korea of the Republic of India for the short-term stay status (C-3) on February 18, 2017, the date of application for refugee status recognition (hereinafter “instant disposition”) and on July 14, 2017, the date of the application for refugee status recognition (hereinafter “instant disposition”): The fact that there is no dispute over the grounds of recognition of the decision to dismiss the decision on August 27, 2018 on August 27, 2018; the fact that there is no ground of recognition of the decision to dismiss the decision on October 18, 2019; Eul’s entries and 2; and the purport of the entire pleadings as a whole.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is Czedo, and around December 2, 2016, the Plaintiff was assaulted on the ground that the Plaintiff was Czedo from the members of the B B, on the ground that he was Czedo, and was threatened for the same reason thereafter.
In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the application for recognition of refugee was filed is unlawful.
B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.
“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”
The plaintiff submitted in light of the following circumstances, which can be seen by comprehensively taking into account the Doshel Doshel and the respective statements and arguments in subparagraphs 3 through 5 (including paper numbers) and the overall purport of the pleadings: