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 October 8, 2014, the Plaintiff entered the Republic of Korea on a short-term visit (C-3) visa on October 8, 2014, and applied for refugee recognition to the Defendant on October 20, 2014.
B. On October 14, 2015, the Defendant issued a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).
C. As to this, the Plaintiff filed an objection with the Minister of Justice on October 19, 2015, but was dismissed on March 24, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 3, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff joined SDRF (SDR) around 2007, and expressed his/her opinion of criticism against the Government during the life broadcast program by contributing it to CDR TV, a national broadcasting service provider that was operated on behalf of the above party, around June 2010. On June 28, 2010, the Plaintiff was released on the condition that he/she was arrested to the police on June 28, 2010, arrested him/her for one year, detained him/her for one year, detained him/her, and left another country without any political opinion.
In the event that the Plaintiff returned to his home country is likely to be detrimental to persecution on the grounds of political opinion as above, the instant disposition that did not recognize the Plaintiff as a refugee is unlawful.
B. (1) In full view of the provisions of subparagraph 1 of Article 2 of the Refugee Act, Article 1 of the Refugee Convention, Article 1 of the Refugee Protocol, and Article 1 of the Refugee Protocol, a foreigner in the Republic of Korea who is unable to be protected by the country of nationality or does not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.