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 March 10, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on March 10, 2016 and stayed, and applied for refugee status to the Defendant on March 15, 2016.
B. On March 23, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 19, 2017, but was dismissed on June 21, 2018, and the Plaintiff received a notice of dismissal decision on July 3, 2018.
[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was made in Kamera by the plaintiff's father in Kamera, the reason why the plaintiff's father had been engaged in SCNC (Shern's NC) activity, the reason why the remaining birth of the plaintiff sold SCNC flag, and the reason why the plaintiff's remaining birth was the plaintiff's sCNC flag, the plaintiff was threatened with the government's right to gather from the francphones from the country where he was located in the area where the francphones were used.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; Article 2 of the Refugee Act; Article 2 of the Refugee Act provides sufficient grounds for recognizing that a person may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, who either is unable or does not want to be protected from the country of nationality, or who, due to such fear, does not want to return to the country in which he/she had resided before entering the Republic of Korea.