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 14, 2017, the Plaintiff entered the Republic of Korea with the visa exemption (B-1) status as an alien of Liberian nationality, and applied for refugee status to the Defendant on December 26, 2017.
B. On June 11, 2019, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 27, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on April 21, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father’s assertion is the leader B.
All of the Plaintiff’s South and North Koreans and mother were killed by Nu-gun. This was led by the father of all the Plaintiff. The Plaintiff’s mother, before his death, became the Plaintiff’s father and the South and North Koreans were replaced by the Plaintiff’s father, and the Plaintiff was also informed that this work could be performed.
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. 1 The term “refugee” means 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 is likely to be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or who does not want to return to the country in which he/she had resided before entering the Republic of Korea due to such fear.