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 August 1, 2014, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 1, 2014, and applied for refugee recognition to the Defendant on August 20, 2018 (hereinafter “instant application”).
B. On November 21, 2018, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. On January 21, 2019, the Plaintiff filed an objection with the Minister of Justice on January 21, 2019, but the objection was dismissed on July 30, 2019.
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Although the grounds for applying for refugee status do not specifically appear in the summary of the Plaintiff’s assertion, it is written in the complaint to the effect that the application for refugee status is filed on the same grounds as the Plaintiff alleged in the procedures for refugee status screening, the Plaintiff’s assertion was arranged based on the Plaintiff’s statement at the time of the Plaintiff’
The plaintiff, while conducting volunteer service at the human rights protection organization B, who is in Memera, has posted articles that cause the corruption of the police, has been threatened by persons in the name of the police, and has been threatened by the government of Memera in case of returning to Korea while staying in Korea.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would suffer from persecution due to the above reasons when he returns to the Republic of Korea with Kamera.
B. Determination 1 is a member of a race, religion, nationality, and specific social group.