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. The Plaintiff entered the Republic of Korea on February 4, 2017, with the status of stay for visa exemption (B-1) as a foreigner of Kazakhstan nationality.
B. On September 5, 2017, the Plaintiff filed an application for refugee status with the Defendant. However, on January 23, 2019, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to 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. The Plaintiff filed an objection with the Minister of Justice on February 15, 2019, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is a vertical wave, and the plaintiff forced the plaintiff to open to the Pacific wave from the Sim that he was forced to do so, and was kidnapped and abused.
In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee despite the possibility of persecution in the above circumstances is unlawful.
B. 1) The term “refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be detrimental to the dignity of the nation of his/her nationality on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she had resided before entering the Republic of Korea (Article 2 Subparag. 1 of the Refugee Act, which provides the requirement for recognition of refugee status refers to “any act causing serious infringement or discrimination against the essential human dignity, including threats to life, body or freedom.”