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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee - Nationality: Kazaktan - Entry: January 11, 2017 (Status B1): - Date of application for recognition of refugee status: September 20, 2017
Defendant’s decision to recognize refugee status as of October 30, 2017 (hereinafter “instant disposition”): Grounds for not falling under “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol” (based on recognition)
2. Whether the disposition is lawful;
A. The plaintiff's assertion is a threat of assault and homicide because the plaintiff was forced from the holders of Islamic principles in Islamic Kazastan, which is a nationality country, due to hydropastan, and thus, the plaintiff's assertion is sufficiently likely to be persecution in the event that the plaintiff returns to Kazastan, and constitutes a underlying fear.
Therefore, the instant disposition is unlawful.
B. The term “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 stateless foreigner who, owing to such fear, is unable to return to, or does not want to return to, the country in which he/she resided before entering the Republic of Korea.
(No. 1) Article 2 Subparag. 1 of the Refugee Act, which is a requirement for recognition of refugee status, refers to “any act causing serious infringement or discrimination on essential human dignity, including threats to life, body, or freedom,” and the fact that there is a “comfortable fear” subject to such persecution must be attested by a foreigner who files an application for recognition of refugee status.
(See Supreme Court Decision 2012Du14378 Decided April 25, 2013). The Plaintiff filed a report on threats to the police station, as alleged in the Plaintiff.