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 May 25, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on May 25, 2017, and applied for refugee recognition to the Defendant on May 31, 2017.
B. On March 29, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of 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. On May 14, 2018, the Plaintiff filed an objection with the Minister of Justice on May 14, 2018, but the objection was dismissed on November 29, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. From 2015, the Plaintiff’s summary of the Plaintiff’s assertion was working for the so-called “Saman’s severe card sales company.” Around July 2016, the Plaintiff and the said company received money from the Plaintiff and the said company, and suspected the Plaintiff as an offender, and the Plaintiff was arrested with the police, and was released after five days of detention.
Even after that, the manager threatens the Plaintiff to kill.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling in the event that the Plaintiff returned to the Republic of Korea due to depreciation.
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 foreigner who is unable or does not want to be protected, or a country in which he/she resided before entering the Republic of Korea due to such fear.