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) Plaintiff’s entry into the Republic of Korea and application for refugee recognition - Nationality: Cotediar - Entry: March 25, 2015 (Status of Sojourn C-3) - Application for refugee recognition: Application on May 26, 2017
B. Defendant’s decision to recognize refugee status as of May 15, 2018 (hereinafter “instant disposition”): The ground for recognition does not constitute a sufficiently-founded fear that a person would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Da1468, May 15, 201); the purport of the entry in Gap’s evidence 1, Eul’s evidence
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion and the Plaintiff’s father were members of Cotediar B Party. However, the Plaintiff’s third party of the opposite political party killed the Plaintiff’s father on the ground that the relationship between the Plaintiff’s third party and his father is different from one of the political parties to which he belongs and then threatened the Plaintiff with murder. As such, if the Plaintiff returned to Cotediar, it is sufficiently likely that the Plaintiff would be subject to persecution on the ground of the membership of a specific social group or political opinion, and
Therefore, the instant disposition 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, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected of the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who is unable or does not want to return to the country of nationality, should be recognized as a refugee, and the gambling satisfying the requirements for the recognition of a refugee refers to any act causing serious infringement or discrimination on fundamental human dignity, including threats to life, body or freedom, and such stuff is suffered.