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 20, 2012, the Plaintiff, a Vietnam national, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn on March 20, 2012, and applied for refugee status to the Defendant on August 24, 2016.
B. On January 20, 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. On February 23, 2017, the Plaintiff was notified of the instant disposition and filed an objection with the Minister of Justice on March 10, 2017, but the said objection was dismissed on the same ground as on July 18, 2017.
[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion Vietnamese Government is under the influence of gambling against the cryptians, and the Plaintiff is going to attend a church from July 2016.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful despite high possibility that the plaintiff would suffer from gambling when he returns to the country of nationality.
B. Determination 1) “Refugee” refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear (Article 2 subparag. 1 of the Refugee Act and Article 2 subparag. 1 of the Refugee Act and “persecution” which is a requirement for recognition of a refugee mean “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body, or freedom.”