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 August 18, 2017, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term visit (C-3) from August 18, 2017, and filed an application for refugee status with the Defendant on September 18, 2017.
B. On November 6, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that it is difficult to recognize the Plaintiff’s “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. On November 28, 2017, the Plaintiff filed an objection with the Minister of Justice on November 28, 2017, but was dismissed on June 12, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff’s family members, including the Plaintiff, etc., and neighbors assault the Plaintiff, and threaten to return to Islamic intercourse.
Therefore, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility that the plaintiff might be harmed by reason of religion when he returns home due to her death is illegal.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want the protection of the country of nationality, or who, owing to such fear, cannot return to, or do not want to return to, the country of nationality that had resided in the Republic of Korea before entering the Republic of Korea; and