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 November 15, 2015, the Plaintiff entered the Republic of Korea as a foreigner of the nationality of the Syria (hereinafter “Syria”) and applied for refugee status to the Defendant on January 6, 2016, when he/she entered the Republic of Korea as a short-term visit (C-3, 30 days) sojourn status.
B. On May 19, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “a sufficiently-founded fear that is likely to be injured” 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.
(hereinafter “instant disposition”). C.
The Plaintiff filed an objection with the Minister of Justice on May 31, 2017, but the Minister of Justice dismissed the objection on March 21, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. From April 2001 to the date of the Plaintiff’s assertion, the Republic of Korea was in progress between the Government-gun and the Ban-gun, and the Republic of Korea was in the Republic of Korea around 2015, and the Republic of Korea was in the Republic of Korea.
After the plaintiff moved to the Republic of Ethabato the nearest Republic of Ethaba, the house living in the area of Ethadivia was collapsed by ethic attack.
If the plaintiff returned to Syria, it can be entirely exposed to the danger of war by conscription to the government-military forces. Even if it is not so, the disposition of this case that the plaintiff did not recognize as a refugee is unlawful even if it is not possible for a civilian to escape from the danger of war in light of the overall aspects of internal war.
B. Article 2 Subparag. 1 of the Refugee Act provides that “Refugees” shall be subject to the protection of the country of nationality due to well-founded fear to recognize that such fear may be detrimental to the State of nationality on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion.