난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. During the disposition, the following facts are: (a) the Plaintiff’s nationality Kazakhistan Republic of Korea entry date of January 28, 2017; (b) visa exemption (B-1) refugee status exemption (hereinafter “instant disposition”) date of the application for refugee status recognition; (b) April 12, 2018, the date of the application for refugee status recognition; (c) date of the decision on March 7, 2017 (hereinafter “instant disposition”); (d) the fact that there is no ground for rejection of the decision on April 23, 2018; (d) the fact that there is no ground for rejection of the decision on October 18, 2019 as of the date of the application for objection; (e) the entries in subparagraphs 1 and 2 and the purport
2. Whether the instant disposition is lawful
A. On November 2016, the Plaintiff asserted that the Plaintiff introduced three persons from friendly job offering B, and divided a story about religious-related books about ten times.
However, as a Simpha, the above people forced B to open to a Simpha, and B knew this fact to the Plaintiff and called B as an escape, and thereafter B was killed.
In the event that the Plaintiff returned to Kazakhstan, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful even though the Plaintiff could be threatened due to the foregoing reasons.
B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.
The term “persecution” which is a requirement for recognition of refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom,” and a foreigner applying for recognition of refugee status shall prove that there is a “comfort-founded fear.”