난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. During the disposition, the following facts are: (a) on February 21, 2017, the date of entry into the Republic of Korea of the Republic of Korea of the Republic of Korea; (b) visa exemption (B-1) the date of application for refugee status exemption (hereinafter “instant disposition”); (b) on March 3, 2017, the date of application for refugee status exemption (hereinafter “instant disposition”); (c) on January 25, 2018, the date of application for objection, for which a sufficient ground for recognition of refugee status non-recognition could not be recognized: (d) the fact that there is no ground for recognition of the decision to dismiss the decision as of April 10, 2018 of the date of application for objection; (b) the entries in subparagraphs 1 and 2; and (b)
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff borrowed money to repair a restaurant operated by the Plaintiff’s wife from the Kazakhtan, which could not be repaid, and thus, the Plaintiff was threatened with murder by the obligees.
In order to avoid such a threat, the instant disposition that did not recognize the Plaintiff as a refugee even though the application for recognition of refugee was filed is unlawful.
B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, the Minister of Justice must recognize a foreigner in the Republic of Korea who is unable or does not want the protection of the country of his nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as a refugee.
“persecution” which is a requirement for refugee status refers to “any act causing serious infringement of, or discrimination against, essential human dignity, including threats to life, body, or freedom.” A foreigner who files an application for refugee status must prove that there is a “a sufficient-founded fear of fear.”
The ground alleged by the Plaintiff is merely a private threat due to a claim and obligation between individuals, and thus does not constitute stuffing as a refugee requirement.
This is through the protection of the national judicial system.