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 entered the Republic of Korea on July 19, 201 with the status of non-professional employment (E-9) sojourn (E-9) as a foreigner of the Democratic Republic of the Netherlands (hereinafter “NE”) and applied for refugee status to the Defendant on May 13, 2016.
B. On September 22, 2016, the Defendant issued a disposition to recognize 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”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s summary of the Plaintiff’s assertion is forced to pay donations from an organization that is either a person or a person who is not aware of his or her implied, and is subject to intimidation.
Therefore, the instant disposition, which did not recognize the Plaintiff as a refugee even though the Plaintiff could be stuffed in the event that the Plaintiff returned to the Republic of Korea, should be deemed 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, and Article 1 of the Refugee Protocol, foreigners who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, are unable or do not want to be protected by the country of nationality, or who, owing to such fear, is unable or does not want to return to the country of nationality, which has resided in the Republic of Korea before entering the Republic of Korea, or who were unable or do not want to return to the country of nationality, and “persecution” which is the requirement for recognition of refugee refers to “any act causing serious infringement or discrimination on the essential human dignity, including threats to life, body or freedom.”