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 November 27, 2015, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on a short-term basis, and applied for refugee status to the Defendant on July 4, 2017.
B. On July 25, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff filed an objection with the Minister of Justice on August 4, 2017, but the said objection was dismissed on June 12, 2018.
[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made by the Plaintiff as a member of an organization with a oppy as a oppy forest and contributed to its members and participated in religious events. Based on this, the Plaintiff was threatened by B, a oppy illegal organization.
Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.
B. 1) Determination 1) “Refugee” means a foreigner who is unable or does not want to be protected due to well-founded fear that he/she may be harmed on the grounds of race, religion, nationality, status as a member of a particular social group, or political opinion, or a stateless foreigner who, due to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act), or who is a stateless foreigner who does not want to return to the country in which he/she was living in the Republic of Korea (Article 2 Subparag. 1). 2 of the Refugee Act), which is the requirement