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. 1) On June 10, 2010, the Plaintiff entered the Republic of Korea as a foreigner of Vietnam’s nationality, and entered the Republic of Korea as a non-professional employment (E-9) sojourn status on June 10, 2010, and applied for refugee status to the Defendant on November 19, 2015. Accordingly, on June 9, 2016, the Defendant rendered a disposition denying refugee status (hereinafter the instant disposition) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
B. On July 4, 2016, the Plaintiff filed an objection against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on December 7, 2017.
[Ground for recognition] Unsatisfy
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he was able to believe that he was attending a church after entering Korea in 2010. When he visited Vietnam in 2014, he visited the church on several occasions, and was subject to assault from the believers.
Therefore, it is clear that when the Plaintiff returned to Vietnam, it would be prejudicial to the harm of life and body from the believers, and thus, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. Determination 1) “Refugee” means 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, due to such fear, cannot return to the country in which he/she resided before entering the Republic of Korea or does not want to return to the country (Article 2 subparag. 1 of the Refugee Act. In this case, “persecution” which is a requirement for recognition of a refugee refers to a threat to life, body, or freedom, as well as a threat to human essential dignity.