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 October 20, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on October 27, 2015, and applied for refugee status to the Defendant on October 27, 2015.
B. On February 25, 2016, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection against the Minister of Justice on April 1, 2016, but the Minister of Justice dismissed the objection on December 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On April 1, 2005, the Plaintiff joined a local organization AZEVR at the Ecuad only in the Ecuadasia, and the said organization was ordered to bring about human skin as property, and withdrawn from the said organization on May 10, 2015.
Since then, the plaintiff is threatened with murder from the local body in the reason that he/she has withdrawn from the organization without obeying the order.
For this reason, the disposition of this case which did not recognize the plaintiff as a refugee even though the plaintiff could be affected by gambling when he returns home to his country is illegal.
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, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality due to such fear, or who, owing to such fear, did not want to return to the country of nationality before entering the Republic of Korea.