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) Plaintiff’s entry into the Republic of Korea and application for recognition of refugee status - Entry into the Republic of Korea: Four sale - Entry on April 7, 2012 (Status E-9): Application for recognition of refugee status: January 26, 2017;
B. Defendant’s decision to recognize refugee status as of May 8, 2017 (hereinafter “instant disposition”): Grounds for not falling under the well-founded fear that a person would suffer from persecution as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol (see, e.g., Supreme Court Decision 200Do1466, May 8, 2017)
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was threatened with physical threat, such as the Plaintiff’s request to join the organization and to pay donations from the early employees of B, a criminal organization consisting of four ethnic minoritiess of four arms, and thus, there is sufficient risk of persecution in the event that the Plaintiff returns to four arms, and this constitutes a reasonable fear.
Therefore, the instant disposition 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, foreigners who, owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable to receive protection of the country of nationality or who, owing to such fear, are unable to return to the country of nationality, or who, owing to such fear, does not want to return to the country of nationality, which has resided in the Republic of Korea, or who does not want to return to the country of nationality, should be recognized as a refugee. The requirement for recognition of a refugee refers to an act causing serious infringement of, or discrimination on, essential human dignity, including threats to life, body, or freedom, and a foreigner applying for recognition of a refugee shall prove that there is a well-founded fear of such persecution (see Supreme Court Decision 2012Du14378, Apr. 25, 2013).