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Reasons
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(영문) 광주고등법원 2016.11.17 2016누4323
난민불인정처분취소
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the instant disposition

A. On April 7, 2014, the Plaintiff, a foreigner of Canadian nationality, entered the Republic of Korea for a short term (C-3-2) visa and applied for refugee status to the Defendant on April 10, 2014.

B. On January 14, 2015, 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 of 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 against the instant disposition with the Minister of Justice, but the Minister of Justice dismissed the said objection on September 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At around 2005, the Plaintiff’s assertion took part in the South-west People’s Council (SCNC), a military party, claiming separate independence in the area south of the Republic of Korea (SCNC) and took part in promoting SCNC, and the Government of the Republic of Korea arrested and confined the party members of SCNC who engage in anti-government activities, and the Plaintiff was scNC’s attacked and scNC around 201. At around 2012, the Plaintiff was aware of being arrested by the police, and his father was also the party members of SCNC, and his father was also dead.

In full view of the above circumstances, the instant disposition that did not recognize the Plaintiff’s refugee application on a different premise even though there were sufficient grounds for fear that the Plaintiff would suffer persecution from the government on the grounds of a political opinion when entering the Republic of Korea again, was unlawful.

(b) Entry in the attached Form of relevant statutes;

C. Article 2 Subparag. 1 of the Refugee Act provides that “Refugees” shall be categorized as race, religion, nationality, and specific social groups.

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