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. The Plaintiff, a foreigner of Indonesia’s nationality, entered the Republic of Korea on June 22, 2019 with the status of stay for short-term visits (C-3).
B. On June 26, 2019, the Plaintiff applied for refugee status to the Defendant. However, on July 31, 2019, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on September 5, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted from around 2010, the Plaintiff borrowed a loan from B bank in order to use it as business expenses, marriage expenses, and housing rental expenses.
The Plaintiff paid the principal and interest for each month by the beginning of 2017, but did not pay the principal with interest only due to the failure of the business from the mid-2017.
Accordingly, the employees of the above bank found and threatened the plaintiff every month, and around March 15, 2019, they damaged the plaintiff's workplace and articles.
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 despite the possibility of persecution in the above circumstances is unlawful.
B. 1 The term “refugee” means a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a country in which he/she resided before entering the Republic of Korea due to such fear.