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 November 22, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on the short-term stay on November 22, 2016, and applied for refugee status to the Defendant on December 14, 2016.
B. On February 14, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of 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. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on April 3, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on October 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is Lee Jae-sung, and the father of the plaintiff was the president of the C Village who is an island with the former communications of B.
As the plaintiff died in around 2015, village senior citizens selected the plaintiff as the successor to the above president status.
Although the Plaintiff was unable to succeed to the status of the above president as a senior to the Plaintiff as a senior to the Plaintiff, the village senior to the Plaintiff and the village senior to the Plaintiff, who continued to be forced to succeed to the status of the Plaintiff, and the Plaintiff could make a false statement to the effect that he/she will succeed to the status of the president.
In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, determination of race, religion, nationality, and specific social group.