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 is well-known.
On May 26, 2015, a national foreigner entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) and stayed, and applied for refugee status to the defendant on June 3, 2015.
B. On April 3, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees, and received a notice of decision on the recognition of refugee status on April 3, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is well-known.
It became known in the same-sex and threatened people with the plaintiff's family and neighbors.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.
B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act provides that a refugee refers to a foreigner who is unable or does not want to be protected by a country of nationality due to a well-founded fear of being recognized that he/she may be imprisoned on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, cannot return to or does not want to return to a country in which he/she had resided before entering the Republic of Korea.
At this time, the term “persecution” to be received by the foreigner can be deemed as “an act causing serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom,” and the refusal of compulsory conscription merely.