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 May 13, 2017, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on May 13, 2017 and stayed, and applied for refugee status to the Defendant on May 24, 2017.
B. On June 13, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 22, 2017, but was dismissed on December 7, 2017, and the Plaintiff received a notice of dismissal decision on December 18, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was arrested and advised to the police on the grounds that the Plaintiff joined SCNC (Shernn's NAC) as a member of Schern's argument that the area of English is separated from the area of English jurisdiction and participated in hosting and demonstration.
When the plaintiff returned to his country, there is a risk of being arrested in the police and subject to adviser.
Therefore, even though the Plaintiff’s status as a member of a specific social group or as a refugee suffering from persecution on the grounds of political opinion, the Defendant’s disposition taken on a different premise is unlawful.
(b) Determination 1: Article 2 Subparag. 1 of the Refugee Act; refugee status refers to a foreigner who is unable or does not want to be protected by the country of nationality due to well-founded fear to recognize that he/she may be injured on the grounds of race, religion, nationality, status as a member of a particular social group or political opinion, or a country in which he/she resided before entering Korea due to such fear.