난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On September 17, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on September 17, 2015, and applied for refugee status to the Defendant on October 1, 2015.
On November 25, 2015, 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 of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on December 28, 2015, but the said objection was dismissed on February 24, 2017.
【In the absence of dispute, the Plaintiff’s father’s assertion as to whether the disposition of this case is legitimate or not, and the Plaintiff’s father’s assertion as to whether the disposition of this case is legitimate, is against the Plaintiff. The father’s mother after the father’s death threatens the Plaintiff in order to commemorate the South-North Dong-dong.
For this reason, the plaintiff's return to his country is highly likely to be harmful to gambling.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
Judgment
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 well-founded fear of persecution for reasons 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, or who, due to such fear, is unable to return to the country in which they resided before entering the Republic of Korea, or who does not want to return to the country of nationality, or who, owing to such fear, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee, includes threats to life, body or liberty,