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 July 9, 2016, the Plaintiff entered the Republic of Korea on July 9, 2016, and applied for refugee status to the Defendant on July 28, 2016.
B. On September 6, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. As to this, the Plaintiff filed an objection with the Minister of Justice on September 27, 2016, but was dismissed on February 24, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is suspected of having liveded in the native village of his own country and thus, there is a risk of murdering from those of the native village in the event they return to his own country.
Nevertheless, 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, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected or does not want to be protected from the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as a refugee. “persecution” which is a requirement for recognition of refugee means “an act causing serious infringement or discrimination against essential human dignity, including threats to life, body or freedom,” and in light of these legal principles, a foreigner applying for recognition of refugee status must prove that there is “comfortablely-founded fear.”