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. The plaintiff is well-known.
On June 20, 2014, a foreigner of nationality entered the Republic of Korea with a visa for short-term visit (C-3) on a short-term basis, and applied for refugee recognition to the defendant on July 10, 2014.
B. On October 28, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of 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. As to this, the Plaintiff filed an objection with the Minister of Justice on November 23, 2015, but was dismissed on March 24, 2016.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On August 15, 2013, the Plaintiff’s neighbor, who was the part of the organization in which the Plaintiff’s assertion was made in his home country, killed the Plaintiff’s wife’s wife on August 15, 2013, and the said assistant was arrested at the police, and then threatened the Plaintiff’s and the Plaintiff’s family members to die.
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 risk of persecution as above is unlawful.
B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The reason for gambling alleged by the plaintiff is that "the plaintiff is threatened with murder by a person who kills his/her father." Even if all of the plaintiff's arguments are acknowledged, it seems to be merely an issue that the plaintiff should resolve by using the judicial system of his/her own country. Such a threat is a race, religion, nationality, and specific element of the plaintiff.