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 September 28, 2016, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 28, 2016 and stayed, and applied for refugee status to the Defendant on November 29, 2016.
B. On March 7, 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 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 April 17, 2017, but was dismissed on December 7, 2017, and the Plaintiff received a notice of dismissal decision on February 12, 2018.
[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 that the plaintiff's partner who received money from the plaintiff's partner while running his business with the plaintiff's partner's mother's mother's kysck as well as the plaintiff's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's
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) Determination 1: Article 2 Subparag. 1 of the Refugee Act; a refugee refers to 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, due to such fear, is unable or would return to the country in which he/she had resided before entering the Republic of Korea.