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 is well-known.
On March 8, 2015, as a national of the Republic of Korea (hereinafter referred to as “the Republic of Korea”), the Republic of Korea entered the Republic of Korea, and filed an application for refugee status with the Defendant on March 13, 2015.
B. On April 7, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it cannot be recognized that “ sufficiently based fears that she will suffer from persecution” 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 filed an objection with the Minister of Justice on May 24, 2017, but was dismissed on December 7, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted from 2010 to 2 years.
B was in close relation with C (C; hereinafter referred to as “C”) who was the leader of the above Masck.
C around 2014
It was investigated as suspicion that four persons related to Islamic M&D were killed. On January 15, 2014, the plaintiff who was related to C is also related to the above murder case.
Government Special Investigation Team was arrested in USIU and was investigated for five days.
Therefore, even though the Plaintiff’s status as a member of a specific social group and a refugee suffering from harming him/her on the grounds of political opinion, the instant disposition taken on a different premise is 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, a State of nationality is unable to be protected due to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group or political opinion, or a member of a particular social group, or a nationality country.