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 28, 2015, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) on August 20, 2015, as a foreigner of the nationality of the Republic of Austria (hereinafter referred to as “ASEAN”), and applied for refugee recognition to the Defendant on August 28, 2015.
B. On November 3, 2015, the Defendant issued a disposition to recognize 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. The Plaintiff appealed to the Minister of Justice on November 30, 2015, but the said objection was dismissed on March 23, 2016.
[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion Eul, the plaintiff's three villages, forced South East East and Ba, including the plaintiff, to open a Islamic bridge, and when the plaintiff became aware that there was land inherited from his father, the plaintiff tried to use the land for the purpose of cutting off the above land.
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 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 being injured on the grounds 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 do not want the protection of the country of nationality, or who, owing to such fear, resided in the country of nationality before entering the Republic of Korea.