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 25, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on August 25, 2015, and applied for refugee status to the Defendant on September 2, 2015.
B. On October 14, 2015, the Defendant rendered a disposition to recognize refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on November 27, 2015, but was dismissed on March 23, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion caused the death of a person who was on a roadway while driving a taxi in his/her home country, and thereby caused the threat from the victim's family members to depart from his/her home country.
In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.
B. In order to be recognized as a refugee, in addition to the requirement that an applicant for refugee status has a well-founded fear of persecution in his/her country, the relevant gambling should be conducted on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The plaintiff applied for refugee recognition on the ground that "the plaintiff is under threat from the family members of the victim of the traffic accident." However, even if all of the plaintiff's arguments are recognized, it is merely a private retaliation and it appears to be a matter to be resolved through its judicial system. Such a threat is a member of the plaintiff's race, religion, nationality, and specific social group.