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 January 23, 2010, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on January 23, 2010, and thereafter changed the status of stay to a visa (F-3) and applied for refugee status recognition to the Defendant on March 17, 2014 while staying there.
B. On October 14, 2014, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. As to this, the Plaintiff filed an objection with the Minister of Justice on December 16, 2014, but was dismissed on September 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff moved from the 2002 spoke school to the spoke school.
Along on March 2006, the so-called hingson tried to capture the plaintiff while threatening the plaintiff to die without being re-ramped to the plaintiff, and the plaintiff's family members forced the plaintiff to repent.
The disposition of this case which did not recognize the Plaintiff as a refugee is unlawful, since the Plaintiff’s return to his own country is likely to be detrimental to stuff on the ground of religion.
B. (1) 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 in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee, and “persecution” which serves as a requirement for recognition of refugee.