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 July 12, 201, the Plaintiff entered the Republic of Korea on July 12, 201, and applied for refugee recognition to the Defendant on April 14, 2015.
B. On April 28, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff 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 May 14, 2015, the Plaintiff filed an objection with the Minister of Justice, but was dismissed on February 24, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff was active as a member of its own youth organization of the BNP Party, and is currently subject to the right of the AL Party, the opposite party, so there is a risk of threat to the opposite party if the Plaintiff returned to its own country.
Nevertheless, the instant disposition that did not recognize the Plaintiff as a refugee 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, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does 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 a refugee. “persecution” which is a requirement for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and the foreigner applying for recognition of a refugee refers to “an act causing serious infringement or discrimination against essential human dignity.” 2).