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 December 12, 2015, the Plaintiff entered the Republic of Korea with the status of stay for visa exemption (B-1) on December 12, 2015, and applied for refugee status to the Defendant on October 19, 2016.
B. On September 28, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff 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 prescribed by Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on October 20, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on September 3, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is the believers of Islamic Religious Organization B, and around November 5, 2015, two believers of Islamic Religious Organization (U.S.) were threatened.
In the event that the plaintiff returned to a country of nationality, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.
B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, a foreigner who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea, or who, owing to such fear, does not want to return to the country of nationality.
Here, .