난민불인정처분취소
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 November 3, 2010, the Plaintiff applied for refugee status to the Defendant on June 15, 2016, after entering the Republic of Korea with the status of stay in the manufacturing industry (E9-1) on November 3, 2010.
B. On June 29, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) 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 Relating to the Status of Refugees.
C. The Plaintiff, who is dissatisfied with the instant disposition, filed an objection with the Minister of Justice on July 1, 2016, but rendered a final decision to dismiss the Plaintiff’s application on December 22, 2016.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by force, around 2014, and continued to be threatened with money from the abduction in the Republic of Korea.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. The term “refugee” 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 stateless foreigner who, owing to such fear, is unable to return to or does not want to return to the country in which he/she resided before entering the Republic of Korea.
(Article 2 subparag. 1 of the Refugee Act). Fully considering the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire arguments, the Plaintiff’s race, religion, and arguments may be considered, even if all of the evidence and arguments submitted by the Plaintiff are considered.