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 16, 2016, the Plaintiff entered the Republic of Korea with a visa of general training (D-4) on September 16, 2016, and filed an application for refugee status with the Defendant on December 12, 2016.
B. On March 16, 2017, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “sufficiently based 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. 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.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 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 was adopted by his father around four years of age after his father died. The Plaintiff was boomed from time to time by her father-gu and her family members, etc., and was boomed by her father-gu and her family members.
Therefore, in the event that the Plaintiff returned to Mari, it shall be deemed that there is a risk of persecution from his father's relatives, etc., and the instant disposition that did not recognize the Plaintiff as a refugee is 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, a foreigner who, owing to well-founded fear of being injured on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, is unable or does not want the protection of the country of nationality, or a foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he had resided before entering the Republic of Korea.