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 August 26, 2016, the Plaintiff: (a) entered the Republic of Korea as a short-term visit (C-3) sojourn status on August 26, 2016; (b) applied for refugee status to the Defendant on September 5, 2016.
B. On September 23, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” 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.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 20, 2016, but was dismissed on July 18, 2017, and the Plaintiff received a notice of dismissal decision on September 28, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that a war between the government-military and the anti-military forces was threatened by the Plaintiff’s family members from the government-military or anti-military forces in the Republic of Korea.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
B. Article 2 Subparag. 1 of the Refugee Act provides that: (a) a refugee refers to a foreigner who is unable or does not want to be protected by the country of nationality due to a well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion; or a nationalless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea.
At this time, the term "persecution" to be received by the foreigner includes a threat to life, body or freedom.