난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 31, 2016, the Plaintiff entered the Republic of Korea (hereinafter “Korea”) as a foreigner of nationality, and applied for refugee status to the Defendant on September 5, 2016, after entering the Republic of Korea as a short-term visit (C-3) sojourn status.
On October 20, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).
The Plaintiff received a notice of decision to deny refugee status on November 21, 2016, and filed an objection with the Minister of Justice on December 12, 2016, but was dismissed on April 21, 2017.
On July 4, 2017, the Plaintiff received a notice of decision to dismiss an objection.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The key point of the Plaintiff’s assertion was that the Plaintiff moved into a slock, and is likely to threaten the Plaintiff’s father or her family members, who are his father or her family members, as a religious leader, and village people on the ground of race.
B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners 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, are unable to be protected of the country of nationality or who, owing to such fear, do not want to be protected of the country of nationality, or a state of nationality who, owing to such fear, was unable to return to or does not want to return to the country of nationality, should be recognized as a refugee, and “persecution” which is the requirement for recognition of a refugee is life and body.