난민불인정처분취소
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 December 8, 2017, the Plaintiff entered the Republic of Korea as a national of the pertinent country exempted visa (B-1), and applied for refugee status to the Defendant on January 12, 2018.
B. On September 18, 2019, the Defendant rendered a decision to deny refugee status on the ground that the ground for applying for refugee status does not constitute “a sufficiently-founded fear that the applicant would be subject to persecution” as a requirement of refugee status under Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) (hereinafter “instant disposition”), and the said notice was issued to the Plaintiff on September 23, 2019.
【Ground of recognition】An absence of dispute, Gap’s No. 1, and Eul’s No. 1 and 2
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he was a friendly with a person who had moved from Russia, and that she visited the church along with her natives and received money from her natives.
The parent of the plaintiff was presumed to be Uzbekistan for the reason that the parent of the plaintiff was believed to believe a son religion from neighbors, and the natives, which had been in Russia, forced the plaintiff to go to the plaintiff.
The plaintiff avoided this and entered the Republic of Korea.
The situation of the plaintiff's custody is applicable to cases where there is a well-founded fear that he/she may be harmed by reason of religion.
Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.
B. In full view of the provisions of Article 1 and Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality is not possible or does 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 comments.