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.
A foreigner of the nationality of the Republic of Korea (hereinafter referred to as the "Korea"), who entered the Republic of Korea on May 26, 2016, with the status of stay C-3 (short-term Visit).
B. On June 7, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant. On March 10, 2017, the Defendant issued a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol Relating to the Status of Refugees.
C. On April 18, 2017, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on October 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion began to act as a political party member of the FDC (FDC for the People’s Republic of Korea) since 2009. Since 2015, the Plaintiff played a role of “Youtouth Coinor,” which conducts political education and promotional activities to students in an unofficial manner.
In addition, after the election in 2016, it was also required to participate in the protested demonstration.
When the plaintiff returns to his own country, it is likely to be threatened with the freedom of life or physical freedom from the government and the ruling party.
Nevertheless, the disposition of this case which rejected the Plaintiff’s application for refugee status should be revoked as it is unlawful.
B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a certain social group of refugees is gambling on the ground of race, religion, nationality, status or political opinion.