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 13, 2016, the Plaintiff entered the Republic of South Africa with the Republic of South Africa (hereinafter “Nam Africa”), and filed an application for refugee status with the Defendant on September 27, 2016, after entering the Republic of Korea with the Tourism Department (B-2) status.
B. On October 14, 2016, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that the Plaintiff would suffer from 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. The Plaintiff appealed and filed an objection with the Minister of Justice on November 2, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion was as follows: (a) in South Korea, the Plaintiff was threatened by a threat demanding the payment from a foreign suspected victim; and (b) in other business places where the body is threatened and operated, the damage was inflicted on the Plaintiff.
Therefore, the plaintiff should be deemed to have a risk of persecution in the event of return to South Korea, and the disposition of this case which did not recognize the plaintiff as a refugee should be deemed unlawful.
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 being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, are unable to be protected of the country of nationality or who does not want to be protected of the country of nationality due to such fear, or who, owing to such fear, did not want to return to the country of nationality before entering the Republic of Korea.