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. The plaintiff is well-known.
In April 7, 2015, a national foreigner entered and stayed in the Republic of Korea with a short-term visit (C-3) sojourn status on April 7, 2015, and applied for refugee status recognition to the defendant on April 14, 2015.
B. On April 27, 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 June 7, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 25, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is well-grounded on the ground that the plaintiff made same mobility.
at the time of their return to Korea, there is a risk to be arrested by the police.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.
B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall recognize, upon application, any foreigner within the Republic of Korea who is unable to be protected by the country of his/her nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion, or who does not want the protection of the country of his/her nationality.
At this time, the term “persecution” to be received by the foreigner.