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 October 9, 2013, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on a short-term basis on October 9, 2013, and applied for refugee recognition to the Defendant on November 15, 2013.
B. On September 29, 2014, the Defendant rendered a disposition of non-recognition of 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. On October 24, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on July 1, 2015.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s father asserted against a neighboring village’s land dispute, which was killed by the residents of the native village on June 17, 2013, and thereafter, the residents of the native village attempted to kill the Plaintiff as property to the land.
As such, the instant disposition that the Plaintiff did not recognize the Plaintiff as a refugee despite the risk of persecution when the Plaintiff returned to his home country is unlawful.
B. (1) 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 in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status, shall be deemed as a serious infringement of the fundamental human dignity, including threats to life, body or freedom.