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 September 28, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Morocco’s nationality, and applied for refugee status to the Defendant on November 4, 2016.
B. On January 31, 2018, the Defendant rendered a decision on the recognition of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” 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.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on March 5, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.
On December 13, 2018, the Plaintiff received the notice of dismissal of the said objection, and filed the instant lawsuit on February 19, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion did not believe Islamic intercourse, but was threatened with violence from his family on the ground that he was same-sexs.
Therefore, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be stuffed due to such circumstances when the plaintiff returned to his own country is illegal.
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 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, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act, which is the requirement for recognition of refugee status, includes threats to life, body, or freedom.