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 April 9, 2019, the Plaintiff entered the Republic of Kazakhstan (hereinafter “Kazakhstan”) as a foreigner of the nationality of the Republic of Kazakhstan (hereinafter “the Republic of Kazakhstan”) and applied for refugee status to the Defendant on May 7, 2019 (hereinafter “instant application”).
B. On May 27, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on July 4, 2019, but the Minister of Justice dismissed the objection on December 23, 2019.
【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence 1 through 3, and Eul evidence 1 through 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he had a witness to sell narcotics at his knife club in the knife coal, and reported this to the police.
The above narcotics criminals threaten the plaintiff on the ground that the plaintiff reported himself to the police.
The disposition of this case, which was taken on different premise, is unlawful, even though the Plaintiff was in a situation of gambling in Kazakhstan.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention Relating to the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees, the term “refugee” can be returned to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear of being recognized as being detrimental on the ground of race, religion, nationality, membership of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea.