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 21, 2016, the Plaintiff entered and stayed in the Republic of Korea as a short-term visit (C-3) sojourn status on May 21, 2016, and applied for refugee recognition to the Defendant on May 30, 2016.
B. On June 17, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff 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. On June 17, 2016, the Plaintiff received a decision to recognize refugee status on June 17, 2016.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on July 4, 2016, but the objection was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision on January 31, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a senior to the Maternian, and the Plaintiff’s punishment, which was scheduled to succeed to the position of the president in Nalyria, was a new Materna’s new Materna, and thus, was a threat of murder by refusing to accept the request from the village for succession to the status of the president.
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) Determination (1) Article 2 subparagraph 1 of the Refugee Act, refugee status means a foreigner who is unable or does not wish to be protected by a State of nationality due to well-founded fear to recognize that he/she may be detrimental on the ground of race, religion, nationality, status as a member of a particular social group or political opinion, or due to such fear.