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 April 14, 2016, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on April 14, 2016, and applied for refugee recognition to the Defendant on May 9, 2016.
B. On May 13, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to 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 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.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 5, 2016, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 1, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a senior to the senior to the deceased, and his father who was in the senior to the local organization was asked to succeed to his father's position after he died, and thus he was threatened with murder.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff is a refugee suffering from persecution on the ground of religion.
B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall, upon the request of a foreigner in the Republic of Korea who is unable to obtain the protection of the country of his/her nationality or does not want the protection of the country of his/her nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion