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 entered the Republic of Korea on a short-term visit (C-3) on December 29, 2013 as a foreigner of the Republic of Korea’s nationality, and applied for refugee status to the Defendant on January 22, 2014.
B. On June 15, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as 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. On July 20, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on December 14, 2015.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is in violation of the instant disposition that did not recognize the Plaintiff as a refugee, on the ground that the Plaintiff was working as a member of the National Assembly of South Korea (Shernn Ne (hereinafter “SCNC”) who asserts the separation of South Korea’s Republic of Korea’s Republic of Korea.
B. (1) 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 in the Republic of Korea who are unable to be protected or do not want to be protected in the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is a requirement for recognition of refugee refers to “any act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom.” Thus, a request for recognition of refugee status is made.